Common use of Collection and appropriation of Fee Clause in Contracts

Collection and appropriation of Fee. 23.1.1 On and from the COD of the Project till the Transfer Date, the Concessionaire shall have the sole and exclusive right to demand, collect and appropriate User Fee from the Users of the Project Facilities, in accordance with this Agreement. Provided that for ease of payment and collections, such fee shall be rounded off to the nearest Re.1 (Rupee One). 23.1.2 The Concessionaire acknowledges and agrees that upon payment of fee, any User shall be entitled to use the project and the Concessionaire shall not place, or cause to be placed, any restriction on such use, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. 23.1.3 The Concessionaire acknowledges and agrees that any User who is not liable for payment of the fee shall be entitled to use the project without any restrictions, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. 23.1.4 The Concessionaire shall be free to determine and charge the User Fee in respect of the use of any part of the Project Facility or services/ facilities thereat, by the Users/ visitors, as it deems fit, from time to time. However, User Fee/ parking charges for car parking and two xxxxxxx parking at the Project Facility shall be at the rates notified by the Authority. 23.1.5 The Concessionaire may offer such special discounted tariffs or charges to any individual or class of clients as it may deem necessary for promotion of its business. Provided, however, that it shall formulate a policy for offering such discounts and submit it to the Authority before operationalising that policy. 23.1.6 The Concessionaire may also recover rent or fee for use of commercial or other spaces of every description and kind, provided by the Concessionaire.

Collection and appropriation of Fee. 23.1.1 27.1.1 On and from the COD of the Project till the Transfer Date, the Concessionaire shall have the sole and exclusive right to demand, collect and appropriate User Fee from the Users of the Project Facilities, in accordance with this AgreementAgreement and the Notification No. Provided PPP/39/11(Part II) 6642/W dated 23 June 2011 issued by the Government of Odisha in exercise of the powers conferred by Section 13 of the Odisha State Roads Tolls Act, 2010 (Odisha Act 6 of 2010) (the “Fee Rules”); provided that for ease of payment and collectionscollection, such fee Fee shall be rounded off to the nearest Re.1 5 (Rupee One)five) rupees in accordance with the Fee Rules; provided further that the Concessionaire may determine and collect Fee at such lower rates as it may, by public notice to the Users, specify in respect of all or any category of Users or vehicles. 23.1.2 27.1.2 The Parties acknowledge that a notification for levy and collection of Fee has been issued by the Government under Notification No. PPP/39/11(Part II) 6642/W dated 23 June 2011 issued by the Government of Odisha in exercise of the powers conferred by Section 13 of the Odisha State Roads Tolls Act, 2010 (Odisha Act 6 of 2010), (the “Fee Notification”) and a copy of thereof is set forth in Schedule-R and includes any subsequent notifications issued from time to time for levy and collection of the Fee contemplated by the provisions of this Agreement. 27.1.3 The Concessionaire acknowledges and agrees that upon payment of feeFee, any User shall be entitled to use the project Project Highway and the Concessionaire shall not place, or cause to be placed, any restriction on such use, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. 23.1.3 27.1.4 The Concessionaire acknowledges and agrees that any User who is not liable for payment of the fee Fee shall be entitled to use the project Project Highway without any restrictions, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. For the avoidance of doubt, the Concessionaire hereby acknowledges that Exempted Vehicles are not liable to payment of Fee. 23.1.4 The Concessionaire shall be free to determine and charge the User Fee in respect of the use of any part of the Project Facility or services/ facilities thereat, by the Users/ visitors, as it deems fit, from time to time. However, User Fee/ parking charges for car parking and two xxxxxxx parking at the Project Facility shall be at the rates notified by the Authority. 23.1.5 The Concessionaire may offer such special discounted tariffs or charges to any individual or class of clients as it may deem necessary for promotion of its business. Provided, however, that it shall formulate a policy for offering such discounts and submit it to the Authority before operationalising that policy. 23.1.6 The Concessionaire may also recover rent or fee for use of commercial or other spaces of every description and kind, provided by the Concessionaire.

Collection and appropriation of Fee. 23.1.1 27.1.1 On and from the COD of the Project till the Transfer Date, the Concessionaire shall have the sole and exclusive right to demand, collect and appropriate User Fee from the Users of the Project Facilities, in accordance with this Agreement. Provided that The Concessionaire shall have the following rights, duties and entitlements during the Operations Period: (a) Shall be free to decide on the fee structure for ease of payment and collections, such fee shall be rounded off the Project subject to the nearest Re.1 following conditions: - Maximum of Rs. 500/- (Rupee One)Rupees five hundred only) per person per round trip (excluding applicable taxes) for using the Ropeway Facility in the first two year of operations; and - maximum Fee increase of 10% per annum for every subsequent two years. 23.1.2 (b) Shall be free to charge additionally on the aforesaid maximum Fee, actual state and central government taxes, duties, levies, cess specific to the ropeway operations, but excluding income tax, to be paid by the Concessionaire; (c) May formulate, publish and implement appropriate scheme(s) for frequent users as may reasonably be required by local circumstances from time to time; 27.1.2 The Concessionaire acknowledges and agrees that upon payment of fee, Fee any User shall be entitled to use the project Ropeway Facility and the Concessionaire shall not place, or cause to be placed, any restriction on such use, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. 23.1.3 27.1.3 The Concessionaire acknowledges and agrees that any User who is not liable for payment of the fee Fee shall be entitled to use the project Ropeway Facility without any restrictions, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. 23.1.4 The Concessionaire shall be free to determine and charge the User Fee in respect of the use of any part of the Project Facility or services/ facilities thereat, by the Users/ visitors, as it deems fit, from time to time. However, User Fee/ parking charges for car parking and two xxxxxxx parking at the Project Facility shall be at the rates notified by the Authority. 23.1.5 The Concessionaire may offer such special discounted tariffs or charges to any individual or class of clients as it may deem necessary for promotion of its business. Provided, however, that it shall formulate a policy for offering such discounts and submit it to the Authority before operationalising that policy. 23.1.6 The Concessionaire may also recover rent or fee for use of commercial or other spaces of every description and kind, provided by the Concessionaire.

Collection and appropriation of Fee. 23.1.1 27.1.1 On and from the COD of the Project till the Transfer Date, the Concessionaire shall have the sole and exclusive right to demand, collect and appropriate User Fee from the Users of the Project Facilities, in accordance with this Agreement. Provided that The Concessionaire shall have the following rights, duties and entitlements during the Operations Period: a) Shall be free to decide on the Fee structure for ease of payment and collections, such fee shall be rounded off the Project subject to the nearest Re.1 following conditions: - Maximum of Rs. 100/- (Rupee One)Rupees one hundred only) per person per round trip (excluding applicable taxes) for using the Ropeway Facility in the first two year of operations; and - maximum Fee increase of 10% per annum for every subsequent two years. 23.1.2 b) Shall be free to charge additionally on the aforesaid maximum Fee, actual state and central government taxes, duties, levies, cess specific to the Ropeway Facility operations, but excluding income tax, to be paid by the Concessionaire; c) May formulate, publish and implement appropriate scheme(s) for frequent users as may reasonably be required by local circumstances from time to time; 27.1.2 The Concessionaire acknowledges and agrees that upon payment of fee, Fee any User shall be entitled to use the project Ropeway Facility and the Concessionaire shall not place, or cause to be placed, any restriction on such use, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. 23.1.3 27.1.3 The Concessionaire acknowledges and agrees that any User who is not liable for payment of the fee Fee shall be entitled to use the project Ropeway Facility without any restrictions, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. 23.1.4 The Concessionaire shall be free to determine and charge the User Fee in respect of the use of any part of the Project Facility or services/ facilities thereat, by the Users/ visitors, as it deems fit, from time to time. However, User Fee/ parking charges for car parking and two xxxxxxx parking at the Project Facility shall be at the rates notified by the Authority. 23.1.5 The Concessionaire may offer such special discounted tariffs or charges to any individual or class of clients as it may deem necessary for promotion of its business. Provided, however, that it shall formulate a policy for offering such discounts and submit it to the Authority before operationalising that policy. 23.1.6 The Concessionaire may also recover rent or fee for use of commercial or other spaces of every description and kind, provided by the Concessionaire.

Collection and appropriation of Fee. 23.1.1 27.1.1 On and from the COD of the Project till the Transfer Date, the Concessionaire shall have the sole and exclusive right to demand, collect and appropriate User Fee from the Users of the Project Facilities, in accordance with this AgreementAgreement as per toll notification Xx. Provided XXX 00 XXX 0000, Xxxxxxxxx the 26th May 2009 and corrigendum to this toll notification thereon (the "Fee Rules"); provided that for ease of payment and collectionscollection, such fee Fee shall be rounded off to the nearest Re.1 5 (Rupee One)five) rupees in accordance with the Fee Rules; provided further that the Concessionaire may determine and collect Fee at such lower rates as it may, by public notice to the Users, specify in respect of all or any category of Users or vehicles. 23.1.2 27.1.2 The Parties acknowledge that a notification for levy and collection of Fee has been issued by the Government of Karnataka vide its toll notification Xx. XXX 00 XXX 0000, Xxxxxxxxx dated May 26, 2009 and the corrigendum to this toll notification (the "Fee Notification") and a copy of thereof is set forth in Schedule-R. 27.1.3 The Concessionaire acknowledges and agrees that upon payment of feeFee, any User shall be entitled to use the project Project Highway and the Concessionaire shall not place, or cause to be placed, any restriction on such use, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. 23.1.3 27.1.4 The Concessionaire acknowledges and agrees that any User who is not liable for payment of the fee Fee shall be entitled to use the project Project Highway without any restrictions, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. For the avoidance of doubt, the Concessionaire hereby acknowledges that Exempted Vehicles are not liable to payment of Fee. 23.1.4 The Concessionaire shall be free to determine and charge the User Fee in respect of the use of any part of the Project Facility or services/ facilities thereat, by the Users/ visitors, as it deems fit, from time to time. However, User Fee/ parking charges for car parking and two xxxxxxx parking at the Project Facility shall be at the rates notified by the Authority. 23.1.5 The Concessionaire may offer such special discounted tariffs or charges to any individual or class of clients as it may deem necessary for promotion of its business. Provided, however, that it shall formulate a policy for offering such discounts and submit it to the Authority before operationalising that policy. 23.1.6 The Concessionaire may also recover rent or fee for use of commercial or other spaces of every description and kind, provided by the Concessionaire.

Collection and appropriation of Fee. 23.1.1 27.1.1 On and from the COD of the Project till the Transfer Date, the Concessionaire shall have the sole and exclusive right to demand, collect and appropriate User Fee from the Users of the Project Facilities, in accordance with this Agreement. Provided Agreement and the Fee notification set forth in Schedule-R ; provided that for ease of payment and collectionscollection, such fee Fee shall be rounded off to the nearest Re.1 5 (Rupee One)five) rupees in accordance with the Fee Rules; provided further that the Concessionaire may determine and collect Fee at such lower rates as it may, by public notice to the Users, specify in respect of all or any category of Users or vehicles. 23.1.2 27.1.2 The Parties acknowledge that a notification for levy and collection of Fee has been issued by the Government under Section 2 read with Section-4 of the Indian Toll Act, 1851 (Vol. VIII of 1851)(the “the Fee Notification”) of the Act and the Fee Rules thereunder and a copy of thereof is set forth in Schedule-R. 27.1.3 The Concessionaire acknowledges and agrees that upon payment of feeFee, any User shall be entitled to use the project Project Highway and the Concessionaire shall not place, or cause to be placed, any restriction on such use, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. 23.1.3 27.1.4 The Concessionaire acknowledges and agrees that any User who is not liable for payment of the fee Fee shall be entitled to use the project Project Highway without any restrictions, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. For the avoidance of doubt, the Concessionaire hereby acknowledges that Exempted Vehicles are not liable to payment of Fee. 23.1.4 The Concessionaire shall be free to determine and charge the User Fee in respect of the use of any part of the Project Facility or services/ facilities thereat, by the Users/ visitors, as it deems fit, from time to time. However, User Fee/ parking charges for car parking and two xxxxxxx parking at the Project Facility shall be at the rates notified by the Authority. 23.1.5 The Concessionaire may offer such special discounted tariffs or charges to any individual or class of clients as it may deem necessary for promotion of its business. Provided, however, that it shall formulate a policy for offering such discounts and submit it to the Authority before operationalising that policy. 23.1.6 The Concessionaire may also recover rent or fee for use of commercial or other spaces of every description and kind, provided by the Concessionaire.