Common use of Contractual Arrangements Clause in Contracts

Contractual Arrangements. (a) Subject to the provisions of this Agreement, the Concessionaire may enter into such Contractual Arrangements as it may deem fit and, effective from the Commercial Operations Date of a Project Facility, grant in accordance with the terms thereof the possession of the relevant area of the Project Facility/Project Site to such Person (hereinafter the “Contractual Counter Parties”); provided that the use of Project shall not comprise the Prohibited Activities as for the applicable laws for the site jurisdiction and also not in competition with the activities of Authority. (b) The Concessionaire may determine, demand, collect, revise, retain and appropriate the User Charges for such Contractual Arrangements at rates determined by the Concessionaire; (c) All Contractual Arrangements shall be subject to the following terms and conditions: i. the terms and conditions of this Agreement are complied with and as applicable form a part of such Contractual Arrangements and the Contractual Counter Parties, if any, shall be bound by such terms and conditions and be liable and accountable in respect thereof; ii. the duration of such Contractual Arrangements shall be limited to and be co-terminus with/not exceed the Concession Period herein; iii. all such Contractual Arrangements shall be determined and terminated automatically and simultaneously on the expiry, determination or termination of this Agreement/the Concession Period, as the case may be; iv. such Contractual Arrangements shall come into effect and operation only upon the Concessionaire achieving the Commercial Operations Date of the relevant Project Facility in accordance with the provisions of this Agreement unless otherwise authorised by the Authority in writing; v. the Concessionaire shall at its cost carry out or cause the operation and the execution and existence of Contractual Arrangements which shall, in no manner, relieve the Concessionaire of its liability or obligations as set out in this Agreement; vi. the execution of Contractual Arrangements shall not relieve the Concessionaire of its liability or obligations as set out in this Agreement; vii. each Contractual Arrangement shall include provisions to the effect that in case of a conflict, direct or indirect, between the provision of this Agreement or the Land Lease Agreement on the one hand and the Contractual Arrangement on the other hand, the provisions of Agreement or the Land Lease Agreement, as the case may be, shall prevail and such Contractual Arrangement shall stand modified to that extent; viii. the Concessionaire shall submit to the Authority for its information and record either a notarised true copy of the Agreements/documents or a copy duly certified by Statutory Auditor/ Authorized Representative relating to the Contractual Arrangements within 60 (Sixty) Days of the date of execution, modification or amendment thereof. ix. the Concessionaire’s failure to comply with this Section 6.5.2 shall be at its cost, risk and consequence and constitute a Concessionaire Event of Default that shall entitle the Authority to terminate this Agreement in accordance with the provisions of Article 16 hereof.

Contractual Arrangements. (a) Subject to the provisions of this Agreement, the Concessionaire may enter into such Contractual Arrangements as it may deem fit and, effective from the Commercial Operations Date of a Project Facility, grant in accordance with the terms thereof the possession of the relevant area of the Project Facility/Project Site to such Person (hereinafter the “Contractual Counter Parties”); provided that the use of Project shall not comprise the Prohibited Activities as for the applicable laws for the site jurisdiction and also not in competition with the activities of Authority. (b) The Concessionaire may determine, demand, collect, revise, retain and appropriate the User Charges for such Contractual Arrangements at rates determined by the Concessionaire; (c) All Contractual Arrangements shall be subject to the following terms and conditions: i. the terms and conditions of this Agreement are complied with and as applicable form a part of such Contractual Arrangements and the Contractual Counter Parties, if any, shall be bound by such terms and conditions and be liable and accountable in respect thereof; ii. the duration of such Contractual Arrangements shall be limited to and be co-terminus with/not exceed the Concession Period herein; iii. all such Contractual Arrangements shall be determined and terminated automatically and simultaneously on the expiry, determination or termination of this Agreement/the Concession Period, as the case may be; iv. such Contractual Arrangements shall come into effect and operation only upon the Concessionaire achieving the Commercial Operations Date of the relevant Project Facility in accordance with the provisions of this Agreement unless otherwise authorised by the Authority in writing; v. the Concessionaire shall at its cost carry out or cause the operation and the execution and existence of Contractual Arrangements which shall, in no manner, relieve the Concessionaire of its liability or obligations as set out in this Agreement; vi. the execution of Contractual Arrangements shall not relieve the Concessionaire of its liability or obligations as set out in this Agreement; vii. each Contractual Arrangement shall include provisions to the effect that in case of a conflict, direct or indirect, between the provision of this Agreement or the Land Lease Agreement on the one hand and the Contractual Arrangement on the other hand, the provisions of Agreement or the Land Lease Agreement, as the case may be, shall prevail and such Contractual Arrangement shall stand modified to that extent; viii. the Concessionaire shall submit to the Authority for its information and record either a notarised true copy of the Agreements/documents or a copy duly certified by Statutory Auditor/ Authorized Representative relating to the Contractual Arrangements within 60 (Sixtysixty) Days days of the date of execution, modification or amendment thereof. ix. the Concessionaire’s failure to comply with this Section 6.5.2 shall be at its cost, risk and consequence and constitute a Concessionaire concessionaire Event of Default that shall entitle the Authority to terminate this Agreement in accordance with the provisions of Article 16 hereof.

Contractual Arrangements. (a) Subject to the provisions of this Agreement, the Concessionaire may enter into such Contractual Arrangements as it may deem fit and, effective from the Commercial Operations Date of a Project Facility, grant in accordance with the terms thereof the possession of the relevant area of the Project Facility/Project Site to such Person (hereinafter the “Contractual Counter Parties”); provided that the use of Project shall not comprise the Prohibited Activities as for the applicable laws for the site jurisdiction and also not in competition with the activities of Authority. (b) The Concessionaire may determine, demand, collect, revise, retain and appropriate the User Charges for such Contractual Arrangements at rates determined by the Concessionaire; (c) All Contractual Arrangements shall be subject to the following terms and conditions: i. the terms and conditions of this Agreement are complied with and as applicable form a part of such Contractual Arrangements and the Contractual Counter Parties, if any, shall be bound by such terms and conditions and be liable and accountable in respect thereof; ii. the duration of such Contractual Arrangements shall be limited to and be co-terminus with/not exceed the Concession Period herein; iii. all such Contractual Arrangements shall be determined and terminated automatically and simultaneously on the expiry, determination or termination of this Agreement/the Concession Period, as the case may be; iv. such Contractual Arrangements shall come into effect and operation only upon the Concessionaire achieving the Commercial Operations Date of the relevant Project Facility in accordance with the provisions of this Agreement unless otherwise authorised by the Authority in writing; v. the Concessionaire shall at its cost carry out or cause the operation and the execution and existence of Contractual Arrangements which shall, in no manner, relieve the Concessionaire of its liability or obligations as set out in this Agreement; vi. the execution of Contractual Arrangements shall not relieve the Concessionaire of its liability or obligations as set out in this Agreement; vii. each Contractual Arrangement shall include provisions to the effect that in case of a conflict, direct or indirect, between the provision of this Agreement or the Land Lease Agreement Deed on the one hand and the Contractual Arrangement on the other hand, the provisions of Agreement or the Land Lease AgreementDeed, as the case may be, shall prevail and such Contractual Arrangement shall stand modified to that extent; viii. the Concessionaire shall submit to the Authority for its information and record either a notarised true copy of the Agreements/documents or a copy duly certified by Statutory Auditor/ Authorized Representative relating to the Contractual Arrangements within 60 (Sixtysixty) Days days of the date of execution, modification or amendment thereof. ix. the Concessionaire’s failure to comply with this Section 6.5.2 shall be at its cost, risk and consequence and constitute a Concessionaire Event of Default that shall entitle the Authority to terminate this Agreement in accordance with the provisions of Article 16 hereof.

Contractual Arrangements. 7.1 Neither the Borrower nor its subsidiaries have been a party to any agreement, arrangement or practice which in whole or in part contravenes or is invalidated by any restrictive trade practices, fair trading, consumer protection, competition law or similar laws or regulations under the relevant jurisdiction or in respect of which any filing, registration or notification is required pursuant to such laws or regulations (awhether or not the same has in fact been made) Subject and which would have a Material Adverse Change on the Business. 7.2 All material contracts and all material leases, tenancies, licenses and agreements of any nature relating to real estate which the provisions Borrower and its subsidiaries is a party are valid, binding and enforceable obligations of this Agreement, the Concessionaire may enter into such Contractual Arrangements as it may deem fit and, effective from the Commercial Operations Date of a Project Facility, grant in accordance with respective parties thereto and the terms thereof have been complied with by the possession Borrower, its subsidiaries and the counter parties thereto and there have occurred no grounds for rescission, avoidance or repudiation of any of the relevant area contracts or such leases, tenancies, licenses or agreements and no notice of the Project Facility/Project Site termination or of intention to such Person (hereinafter the “Contractual Counter Parties”); provided that the use of Project shall not comprise the Prohibited Activities as for the applicable laws for the site jurisdiction and also not in competition with the activities of Authority. (b) The Concessionaire may determine, demand, collect, revise, retain and appropriate the User Charges for such Contractual Arrangements at rates determined by the Concessionaire; (c) All Contractual Arrangements shall be subject to the following terms and conditions: i. the terms and conditions of this Agreement are complied with and as applicable form a part of such Contractual Arrangements and the Contractual Counter Parties, if any, shall be bound by such terms and conditions and be liable and accountable terminate has been received in respect thereof; ii. the duration of such Contractual Arrangements shall be limited to and be co-terminus with/not exceed the Concession Period herein; iii. all such Contractual Arrangements shall be determined and terminated automatically and simultaneously on the expiry, determination or termination of this Agreement/the Concession Period, as the case may be; iv. such Contractual Arrangements shall come into effect and operation only upon the Concessionaire achieving the Commercial Operations Date of the relevant Project Facility in accordance with the provisions of this Agreement unless otherwise authorised by the Authority in writing; v. the Concessionaire shall at its cost carry out or cause the operation and the execution and existence of Contractual Arrangements which shall, in no manner, relieve the Concessionaire of its liability or obligations as set out in this Agreement; vi. the execution of Contractual Arrangements shall not relieve the Concessionaire of its liability or obligations as set out in this Agreement; vii. each Contractual Arrangement shall include provisions to the effect that in case of a conflict, direct or indirect, between the provision of this Agreement or the Land Lease Agreement on the one hand and the Contractual Arrangement on the other hand, the provisions of Agreement or the Land Lease Agreement, as the case may be, shall prevail and such Contractual Arrangement shall stand modified to that extent; viii. the Concessionaire shall submit to the Authority for its information and record either a notarised true copy of the Agreements/documents or a copy duly certified by Statutory Auditor/ Authorized Representative relating to the Contractual Arrangements within 60 (Sixty) Days of the date of execution, modification or amendment any thereof. ix7.3 The Borrower warrants that all material documents/agreements executed by it and which are required to be stamped under applicable laws, are duly stamped. 7.4 The Borrower is not in violation of any material term of its Memorandum of Association or Articles of Association, each as amended to date, or in any material respect of any term or provision of any mortgage, indebtedness, indenture, contract, agreement, instrument, judgment, order or decree to which it is party or by which it is bound which would have a Material Adverse Change on the Borrower’s Business. The execution and delivery of the Concessionaire’s failure Loan Documents by the Borrower, the performance by the Borrower of its obligations pursuant to comply with this Section 6.5.2 shall be at its costthe Loan Documents will not result in any material violation of, risk and consequence and or materially conflict with, or constitute a Concessionaire Event material default under, the Borrower’s Memorandum of Default that shall entitle Association or Articles of Association, each as amended to date, or any of its agreements nor result in the Authority suspension, revocation, impairment, forfeiture or non-renewal of any permit, license, authorization or approval applicable to terminate this Agreement the Borrower, its Business or operations or any of its assets or properties. 7.5 The Borrower has avoided every condition, and has not performed any act, the occurrence of which would result in accordance with the provisions Borrower’s loss of Article 16 hereofany right granted under any license, distribution agreement or other agreement. 7.6 No employee, officer, director or shareholder of the Borrower or member of his or her immediate family is indebted to the Borrower, nor is the Borrower indebted (or committed to make loans or extend or guarantee credit) to any of them other than (i) for payment of salary for services rendered,

Contractual Arrangements. (a) Subject to the provisions of this Agreement, the Concessionaire may enter into such Contractual Arrangements as it may deem fit and, effective from the Commercial Operations Date of a Project Facility, grant in accordance with the terms thereof the possession of the relevant area of the Project Facility/Project Site to such Person (hereinafter the “Contractual Counter Parties”); provided that the use of Project shall not comprise the Prohibited Activities as for the applicable laws for the site jurisdiction and also not in competition with the activities of Authority. (b) The Concessionaire may determine, demand, collect, revise, retain and appropriate the User Charges for such Contractual Arrangements at rates determined by the Concessionaire; (c) All Contractual Arrangements shall be subject to the following terms and conditions: i. the terms and conditions of this Agreement are complied with and as applicable form a part of such Contractual Arrangements and the Contractual Counter Parties, if any, shall be bound by such terms and conditions and be liable and accountable in respect thereof; ii. the duration of such Contractual Arrangements shall be limited to and be co-terminus with/not exceed the Concession Period herein; iii. all such Contractual Arrangements shall be determined and terminated automatically and simultaneously on the expiry, determination or termination of this Agreement/the Concession Period, as the case may be; iv. such Contractual Arrangements shall come into effect and operation only upon the Concessionaire achieving the Commercial Operations Date of the relevant Project Facility in accordance with the provisions of this Agreement unless otherwise authorised by the Authority in writing; v. the Concessionaire shall at its cost carry out or cause the operation and the execution and existence of Contractual Arrangements which shall, in no manner, relieve the Concessionaire of its liability or obligations as set out in this Agreement; vi. the execution of Contractual Arrangements shall not relieve the Concessionaire of its liability or obligations as set out in this Agreement; vii. each Contractual Arrangement shall include provisions to the effect that in case of a conflict, direct or indirect, between the provision of this Agreement or the Land Lease Agreement on the one hand and the Contractual Arrangement on the other hand, the provisions of Agreement or the Land Lease Agreement, as the case may be, shall prevail and such Contractual Arrangement shall stand modified to that extent; viii. the Concessionaire shall submit to the Authority for its information and record either a notarised true copy of the Agreements/documents or a copy duly certified by Statutory Auditor/ Authorized Representative relating to the Contractual Arrangements within 60 (Sixty) Days of the date of execution, modification or amendment thereof. ix. the Concessionaire’s failure to comply with this Section 6.5.2 shall be at its cost, risk and consequence and constitute a Concessionaire concessionaire Event of Default that shall entitle the Authority to terminate this Agreement in accordance with the provisions of Article 16 hereof.

Contractual Arrangements. (a) Subject to the provisions of this Agreement, the Concessionaire may enter into such Contractual Arrangements as it may deem fit and, effective from the Commercial Operations Date of a Project Facility, grant in accordance with the terms thereof the possession of the relevant area of the Project Facility/Project Site to such Person (hereinafter the “Contractual Counter Parties”); provided that the use of Project shall not comprise the Prohibited Activities as for the applicable laws for the site jurisdiction and also not in competition with the activities of Grantor / Authority. (b) The Concessionaire may determine, demand, collect, revise, retain and appropriate the User Charges for such Contractual Arrangements at rates determined by the Concessionaire; (c) All Contractual Arrangements shall be subject to the following terms and conditions: i. the terms and conditions of this Agreement are complied with and as applicable form a part of such Contractual Arrangements and the Contractual Counter Parties, if any, shall be bound by such terms and conditions and be liable and accountable in respect thereof; ii. the duration of such Contractual Arrangements shall be limited to and be co-co- terminus with/not exceed the Concession Period herein; iii. all such Contractual Arrangements shall be determined and terminated automatically and simultaneously on the expiry, determination or termination of this Agreement/the Concession Period, as the case may be; iv. such Contractual Arrangements shall come into effect and operation only upon the Concessionaire achieving the Commercial Operations Date of the relevant Project Facility in accordance with the provisions of this Agreement unless otherwise authorised by the Grantor / Authority in writing; v. the Concessionaire shall at its cost carry out or cause the operation and the execution and existence of Contractual Arrangements which shall, in no manner, relieve the Concessionaire of its liability or obligations as set out in this Agreement; vi. the execution of Contractual Arrangements shall not relieve the Concessionaire of its liability or obligations as set out in this Agreement; vii. each Contractual Arrangement shall include provisions to the effect that in case of a conflict, direct or indirect, between the provision of this Agreement or the Land Lease Agreement on the one hand and the Contractual Arrangement on the other hand, the provisions of Agreement or the Land Lease Agreement, as the case may be, shall prevail and such Contractual Arrangement shall stand modified to that extent; viii. the Concessionaire shall submit to the Grantor / Authority for its information and record either a notarised true copy of the Agreementsagreements/documents or a copy duly certified by Statutory Auditor/ Authorized Representative relating to the Contractual Arrangements within 60 (Sixty) Days of the date of execution, modification or amendment thereof. ix. the Concessionaire’s failure to comply with this Section 6.5.2 6.4.2 shall be at its cost, risk and consequence and constitute a Concessionaire Event of Default that shall entitle the Grantor / Authority to terminate this Agreement in accordance with the provisions of Article 16 hereof.