Divestment Requirements. 34.1.1 Upon Termination, the Concessionaire shall comply with and conform to the following Divestment Requirements:
(a) notify to the Authority forthwith the location and particulars of all Project Assets;
(b) deliver forthwith the actual or constructive possession of the Project, free and clear of all Encumbrances, save and except to the extent set forth in the Substitution Agreement;
(c) cure all Project Assets of all defects and deficiencies so that the Project is compliant with the Maintenance Requirements; provided that in the event of Termination during the Construction Period, all Project Assets shall be handed over on 'as is where is' basis after bringing them to a safe condition;
(d) deliver and transfer relevant records, reports, Intellectual Property and other licences pertaining to the Project and its design, engineering, construction, operation and maintenance, including all programmes and manuals pertaining thereto, and complete 'as built' Drawings as on the Transfer Date. For the avoidance of doubt, the Concessionaire represents and warrants that the Intellectual Property delivered hereunder shall be adequate and complete for the design, engineering, construction, operation and maintenance of the Project and shall be assigned to the Authority free of any encumbrance;
(e) transfer and/or deliver all Applicable Permits to the extent permissible under Applicable Laws;
(f) execute such deeds of conveyance, Documents and other writings as the Authority may reasonably require for conveying, divesting and assigning all the rights, title and interest of the Concessionaire in the Project, including manufacturers' warranties in respect of any plant or equipment and the right to receive outstanding insurance claims, to the extent due and payable to the Authority, absolutely unto the Authority or its nominee; and
(g) comply with all other requirements as may be prescribed or required under Applicable Laws for completing the divestment and assignment of all rights, title and interest of the Concessionaire in the Project, free from all Encumbrances, absolutely unto the Authority or to its nominee.
34.1.2 Subject to the exercise by the Authority of its rights under this Agreement or under any of the Project Agreements to perform or procure the performance by a third party of any of the obligations of the Concessionaire, the Parties shall continue to perform their obligations under this Agreement, notwithstanding the giving of any Termination Notice, until ...
Divestment Requirements. Upon Termination, the Concessionaire shall comply with and conform to the following Divestment Requirements:
Divestment Requirements. Upon Termination, the Operator shall comply with and conform to the following Divestment Requirements:
(a) notify to the Authority forthwith the location and particulars of all Project Assets;
(b) deliver forthwith the actual or constructive possession of all the Project Assets and the Project Facilities, free and clear of all Encumbrances, except as provided under Clause 4.5.1of this Agreement;
(c) execute such deeds of conveyance, documents and other writings as the Authority may reasonably require for conveying, divesting and assigning all the rights and interest of the Operator in the Project Facilities absolutely unto the Authority or its nominee; and
(d) comply with all other requirements as may be prescribed or required under Applicable Laws for completing the divestment and assignment of all rights and interest of the Operator in the Project Facilities, free from all Encumbrances, absolutely unto the Authority or to its nominee.
Divestment Requirements. 28.1.1 Upon Termination, the Concessionaire shall comply with and conform to the following Divestment Requirements:
(a) notify to Maha-Metro forthwith the location and particulars of all Project Assets;
(b) deliver forthwith the actual or constructive possession of the Project, free and clear of all Encumbrances;
(c) cure all Project Assets, including the road (internal or external, as applicable), structures and equipment, of all defects and deficiencies so that the Project is compliant with the Maintenance Requirements; provided that in the event of Termination during the Construction Period, all Project Assets shall be handed over on ‘as is where is’ basis after bringing them to a safe condition;
(d) deliver and transfer relevant records, reports, Intellectual Property and other licences pertaining to the Project and its design, engineering, construction, operation and maintenance, including all programmes and manuals pertaining thereto, and complete ‘as built’ Drawings as on the Transfer Date. For the avoidance of doubt, the Concessionaire represents and warrants that the Intellectual Property delivered hereunder shall be adequate and complete for the design, engineering, construction, operation and maintenance of the Project and shall be assigned to Maha-Metro free of any encumbrance;
(e) transfer and/or deliver all Applicable Permits to the extent permissible under Applicable Laws;
Divestment Requirements. 47 27.2. Vesting Certificate …………………………………………………………………………………………………………………………47 27.3. Divestment costs …………………………………………………………………………………………………………………………..48 ARTICLE 28: ASSIGNMENT AND CHARGES ..................................................................................................48 28.1. Restrictions on assignment and charges ............................................................................................48 28.2. Permitted assignment and charges ……………………………………………………………………………………………….48 28.3. Substitution Agreement 49 28.4. Assignment by the Authority .............................................................................................................49 ARTICLE 29: LIABILITY AND INDEMNITY. 49 29.1. General indemnity .............................................................................................................................49 29.2. Indemnity by the Concessionaire. 49
Divestment Requirements. All defects and deficiencies specified in this Schedule-4 shall be repaired and rectified by the Developer so that the Project Facilities conforms to the Maintenance Requirements on the Handover Date.
1.1 These Terms of Reference for the Third Party Inspector (the “TOR”) are being specified pursuant to the Agreement dated (the “Agreement”), which has been entered into between the JTDCL and ………………… (the “Developer”) for Procurement, Installation, Development, Operation and Management of Adventure Sports Equipments at Chandil and Netarhat on PPP Mode.
1.2 This TOR shall apply to construction, operation and maintenance of the Project.
Divestment Requirements. 26.1.1 Upon Termination, the Concessionaire shall comply with and conform to the following Divestment Requirements:
a) The Concessionaire shall be entitled to remove the Diagnostics Equipment and other properties of the Concessionaire from the Diagnostic Centres and take back the possession of the Diagnostic Equipment.
b) The Concessionaire shall, within sixty (60) working days from the expiry of Concession Period, vacate the Project Site and handover the possession of the Project Site to the Authority in good condition, normal wear and tear accepted.
c) If the Concessionaire does not, within sixty (60) working days from the expiry of Notice Period, vacate the Project Site and handover the possession of the Project Site to the Authority in good condition, normal wear and tear accepted, the Concessionaire shall pay to the Authority liquidated damages of Rs. 5000/ - (Rupees Five Thousand Only) for each day beyond above said sixty (60) working days till the date the possession of the Project Site is handed back to the Authority.
Divestment Requirements. 27.2.1 Upon Termination, the Concessionaire shall comply with and conform to the following Divestment Requirements:
(a) notify to the Authority forthwith the location and particulars of all Project Assets;
(b) deliver forthwith the actual or constructive possession of the Project free and clear of all Encumbrances,;
(c) cure all Project Assets, including all defects and deficiencies so that the Project is compliant with the Maintenance Requirements; provided that in the event of Termination during the Construction Period, all Project Assets shall be handed over on 'as is where is' basis after bringing them to a safe condition;
(d) deliver relevant records and reports pertaining to the Project and its design, monitoring, construction, operation and maintenance, including all programmes and manuals pertaining thereto, and complete 'as built' Drawings as on the Transfer Date;
(e) the staff recruited by the Concessionaire including the teaching faculty, medical personnel and officers/staff/representatives, shall not be transferred to the Authority upon termination of this Agreement;
Divestment Requirements. 34.1.1 Upon Termination of this Agreement / Land Lease Agreement or expiry of the Lease Period, as the case may be, the Concessionaire shall comply with and conform to the following Divestment Requirements:
(a) notify to the Authority forthwith the location and particulars of all the relevant Project Assets;
(b) if Termination occurs prior to COD, deliver forthwith the actual and constructive possession of the Project and the Site, free and clear of all Encumbrances, save and except to the extent set forth in the Substitution Agreement;
(c) if Termination occurs after COD, deliver forthwith the actual and constructive possession of the Sports Infrastructure Project and the Authority Designated Area, free and clear of all Encumbrances, save and except to the extent set forth in the Substitution Agreement;
(d) upon expiry of the Concession Period, deliver forthwith the actual and constructive possession of the Sports Infrastructure Project, free and clear of all Encumbrances;
(e) upon expiry of the Lease Period, deliver forthwith the actual and constructive possession of the entire Real Estate Project, free and clear of all Encumbrances;
Divestment Requirements. 38.1.1 Upon Termination, the Concessionaire shall comply with and conform to the following Divestment Requirements:
(a) notify to the Authority forthwith the location and particulars of all Project Assets;
(b) deliver forthwith the actual or constructive possession of the XXX Ropeway, free and clear of all Encumbrances, save and except to the extent set forth in the Substitution Agreement;
(c) cure all Project Assets, including the road, bridges, structures and equipment, of all defects and deficiencies so that the XXX Ropeway is compliant with the Maintenance Requirements; provided that in the event of Termination during the Construction Period, all Project Assets shall be handed over on ‘as is where is’ basis after bringing them to a safe condition;
