Grant of Concession. (a) Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and the Concessionaire hereby accepts the exclusive right, authority and Concession to undertake, during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. (b) Subject to and in accordance with the provisions of this Agreement, the Concession granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to: i. make at its cost and expense such development and improvements in the Site as may be necessary to implement the Project and establish the Project Facilities thereat subject to and in accordance with the provisions of this Agreement; ii. Develop, finance, design, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix; iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws; v. Determine, demand, revise, charge, collect, retain and appropriate User Charges; vi. Enter into Contractual Arrangements in relation to the Project Facilities; vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project; viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental; x. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice; xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement. (c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof. (d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 4 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Grant of Concession. (a) 3.1.1 Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, Concessionaire and the Concessionaire hereby accepts the Concession for a period of 30 years, commencing from the Compliance Date, including the exclusive right, license, authority and Concession authorization during the subsistence of this Agreement, including extension thereof, to undertakeplan, during design, finance, engineer, construct, develop, equip, operate, maintain, modernize and manage the Project and enjoy its commercial benefits for the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject .
3.1.2 Subject to and in accordance with the terms and conditions set forth herein.
(b) Subject to and in this Agreement, the Concessionaire undertakes the following in accordance with the provisions of this Concession Agreement, the Concession granted herein includes, subject to Applicable Laws and the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire toApplicable Permits:
i. make at its cost a. To develop and expense such development and improvements in the Site as may be necessary to implement the Project as per the Scope of Work, more specifically mentioned in Article 2 of the Concession Agreement.
b. To enjoy complete and establish uninterrupted access to the Project Site for the purpose of and to the extent conferred by the provisions of this Agreement and for a period that shall be co‐terminus with the Concession Agreement.
c. To have access and liberty to plan, design, construct, finance, maintain and operate the Project Facilities thereat subject to and during the Concession Period in accordance with the provisions of this Agreement;
iiConcession Agreement & Schedules. Develop, finance, design, construct, market, manage, administer, operate and maintain Any construction or development made by the Concessionaire on the Project Facilities Site in respect of the Project shall be deemed to be the property of the Authority and the Concessionaire relinquishes all its rights in such property in favour of Authority.
d. Exclusive right and authority, during the Concession Period, to carry out the specified activities in relation to the Ecotourism & Adventure Park.
e. Sub license the use of the Project to vendors and thereupon, determine, demand, levy, collect, enforce, retain and appropriate charges therefore and to periodically revise the same in conformity with the Specifications market rates. Within the limitations of statutory provisions and Standards decency of operations, the Concessionaire shall make all the efforts to maximize the earnings from the associated operations and to keep the Authority informed of actions taken and results thereof.
f. Regulate the use access of the Ecotourism & Adventure Park by the Third Parties/ vendors and enforce the collection of charges/fee from delinquent vendors, as per the Applicable Laws.
g. Manage, operate and execute rights over all or any part of the Project Assets without any limitation or restriction other than those expressly set forth out in Appendix;this Concession Agreement.
iii. h. To apply forfulfill its obligations under this Agreement, procure & maintain undertake activities either by itself or through subcontracting arrangements and to appoint contractors, subcontractors, agents, advisors and consultants without in any way relieving the Concessionaire of its obligations as set out in this Agreement.
i. Arrange for all requisite Applicable Permits the clearances from the Competent Authorities for the development of Project Facilities on Ecotourism & Adventure Park and the Authority shall in no way be liable for the same. Responsibility of taking all necessary approvals of construction, demolition and reconstruction lies with the Concessionaire. Nevertheless Authority without any binding obligation may provide any assistance upon written request from the Concessionaire.
j. Arrange statutory clearance from the Competent Authority/ies for removal of existing trees, if any, from the Project Site as well as to the extent necessary for the O&M thereofProject or any of its components.
k. Exercise such other rights as the Authority may determine as being necessary or desirable for the purposes incidental and necessary for developing, including plans for construction thereon for such uses financing, implementing, managing, operating, running & maintaining the Project.
l. Bear and purposes as permitted pay all expenses, costs and charges incurred in the fulfillment of all the Concessionaire‟s obligations under this Agreement; and
iv. Operate and maintain m. Nothing contained herein, including the act of granting permission to develop the Project and regulate at the use designated area shall vest or create any proprietary interest in the Project/Project Land or any part thereof by Third Parties including any permanent fixtures, fittings etc. installed in accordance with the provisions Ecotourism & Adventure Park in favour of this Agreement and Applicable Laws;
v. Determinethe Concessionaire or any person claiming through or under the Concessionaire. The Concessionaire shall not in any manner sell, demandtransfer, reviseassign, mortgage, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining create lien or otherwise encumber or deal with the Project;
viii/Project Land in any manner. exercise all rights The Concessionaire acknowledges, accepts and remedies available under confirms that the Applicable Laws to recover the User Charges in compliance with the requirements covenant contained herein is an essence of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Grant of Concession. (a) 3.1.1 Subject to and in accordance with the terms and conditions set forth in provisions of this Agreement, the Applicable Laws, the terms of Applicable Permits, Permits and Good Industry Practice, the Authority hereby grants to the Concessionaire, Concessionaire and the Concessionaire hereby accepts the exclusive right, license and authority and Concession to undertake, during the Concession Period, the development[develop, design, engineeringengineer, financingmonitor, procurementprocure, completionfinance, commissioningconstruct, implementationequip, marketingoperate, management, administration operation maintain and maintenance of manage] the Project Facilities at the Site (the “Concession”) and provide Services for a period of [●]9 years (or early termination by a Termination Notice in accordance with this Agreement) commencing from the Appointed Date and ending on the Transfer Date (the “Concession Period”), and to exercise and and/or enjoy the rights, powerspower, privileges, Concessions privileges and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.:
(b) 3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire Concessionaire, during the Concession Period to:
i. make at its cost (a) Right of Way, access and expense such development and improvements in lease to the Site as may be necessary for the purpose of and to implement the Project extent conferred by the provisions of this Agreement;
(b) [plan, design, develop, procure, finance, construct, equip, operate, maintain and establish manage] the Project Facilities thereat subject as per the terms and conditions of this Agreement including Specifications and Standards, Applicable Laws, Applicable Permits, terms of Clearances, Good Industry Practice, Good Clinical Practice and Good Healthcare Practice and transfer the same to the Authority or its nominated agency on the Transfer Date;
(c) perform and fulfill all of the Concessionaire‟s obligations in accordance with this Agreement including Specifications and Standards, Applicable Laws, Applicable Permits, terms of Clearances, Good Industry Practice, Good Clinical Practice and Good Healthcare Practice;
(d) admit Students in accordance with the Annual Student Intake Capacity in accordance with the Admission Principle as set forth in Schedule-N hereof;
(e) on and from the Commercial Operation Date and until the Transfer Date, the Concessionaire shall provide Services and have the right to demand, charge, 8 Please refer to Para 3 of the Guide for Practitioners for Medical College and Hospital. This Agreement may be modified accordingly. 9 Based on project requirements and specifications, the relevant time period should be inserted. collect, retain, appropriate and periodically revise the User Charges in accordance with the provisions of this Agreement;
ii. Develop, finance, design, construct, market, manage, administer, operate (f) [conduct medical research and maintain the Project Facilities obtain all applicable permits and approvals in conformity with the Specifications and Standards set forth in Appendixthis regard]10;
iii. To apply for(g) bear and pay all costs, procure & maintain all requisite Applicable Permits for expenses and charges in connection with or incidental to the development performance of Project Facilities on the Project Site as well as for obligations of the O&M thereof, including plans for construction thereon for such uses and purposes as permitted Concessionaire under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. (h) exercise all such other rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to obligations as the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper may determine as being necessary or desirable for the safepurpose incidental and necessary for implementing the Project.
3.1.3 Upon the termination of this Agreement, efficient and economic implementation and operations either due to expiry of the Concession Period or due to any other reason, the Concessionaire shall comply with obligations provided in Article 33. 10This provision should be included based on requirements of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 2 contracts
Samples: Public Private Partnership Agreement, Public Private Partnership Agreement
Grant of Concession. 3.1 The Concession (a) “Concession”)
3.1.1 Subject to and in accordance with the terms and conditions set forth in this Concession Agreement, the Applicable Laws, the terms of Applicable Permits, and Good Industry Practice, the Concessioning Authority hereby grants to the Concessionaire, Concessionaire and the Concessionaire hereby accepts the Concession for a period of 60 (Sixty) years, commencing from the Appointed Date, including the exclusive right, license, authority and Concession authorization during the subsistence of this Agreement, including extension thereof, to undertakedesign, build, finance, operate, maintain and manage the Project during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
(b) 3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost a) Right of way, access and expense such development and improvements in license to the Site as may be necessary for the purpose of and to implement the Project and establish the Project Facilities thereat subject to and in accordance with extent conferred by the provisions of this Agreement;
ii. Develop, finance, b) design, construct, market, finance and construct the Project Facilities;
c) manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Lawsthird parties;
v. Determine, d) demand, revise, charge, collect, retain collect and appropriate User ChargesProject Revenues from guests and users, liable for payment of Commercial Charge, for using the Project Facilities or any part thereof and refuse entry of guests if the Commercial Charges due is not paid;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights e) perform and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill fulfil all of the Concessionaire’s 's obligations under and in accordance with this Agreement;
f) bear and pay all costs, Carry out such other activities expenses and charges in connection with or incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations performance of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all obligations of the rights, powers, privileges, Concessions and entitlements as set forth in Concessionaire under this Agreement.; and
(cg) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not neither assign, transfer or sublet or part with sublet, or create any Encumbrances lien or Encumbrance on this Agreement, or on the Concession hereby granted, or on the whole or any part of the Project; nor transfer, or part with the possession of the Project Site thereof, save and except as expressly permitted by this Agreement or the Substitution Agreement;
h) to enter into sub-contracts, joint development agreement, development management agreements, sub lease or any other kind of arrangements with regards to design, planning, construction, implementation or operations and maintenance of Optional Project Facilities during the term of the Agreement and in a way that does not contravene any of the underlying terms of the Concession under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Grant of Concession. (a) 3.1. The Concession
3.1.1. Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry PracticeLimits, the Authority hereby grants to the ConcessionaireConcessionaire the Concession set forth herein , and the Concessionaire hereby accepts including the exclusive right, license and authority and Concession to undertake, during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance subsistence of this Agreement to implement the Project Facilities at the Site mentioned at Schedule A in {… }6 for the Concession Period on Design, Build, Finance, Own, Operate (DBFOO) basis and exercise seek Storage and enjoy Handling Charges for the rights, powers, privileges, Concessions and entitlements as set forth in Services under the provisions of this Agreement (collectively the “Concession”)and and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
(b) 3.1.2. Subject to and in accordance with the terms and conditions set forth in this Agreement, the Concession hereby granted shall entitle or oblige the Concessionaire to undertake the following in accordance with the provisions of this Agreement, the Concession granted herein includes, subject to Applicable Laws and the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire toApplicable Permits :
i. make at its cost and expense such development and improvements a) Procure land, as per specifications laid down in the Site as may be necessary to implement RFP and the Concession Agreement, on registered ownership or under registered lease of not less than 35 (thirty five) years from Commencement Date, for the construction of Silo Complex, including rail siding;
b) Design, finance and build Silo Complex at the Project Location as per laid down Standards and establish the Project Facilities thereat subject to Specifications and as per capacities stipulated in accordance with the provisions of this AgreementSchedule B;
ii. Developc) Manage, financeOperate and Maintain the Silo Complex as per laid down Standards and Specifications, designPerformance Standards, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Grain Acceptance Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities provide Services on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets exclusive basis to the Authority or its nominated agency in accordance with the provisions hereof.
(nominee; 6 Location as per LOA to be mentioned d) The Concessionaire is not authorised Receive Food Grains, in [bulk and/or bag], procured by and shall not assign, transfer directed through the Authority or sublet its assignees or part with its nominees {or create any Encumbrances on farmers} as per stipulations laid down in the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.;
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Grant of Concession. (a) 3.1.1 Subject to and in accordance with the terms and conditions set forth in provisions of this Concession Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and Concessionaire the Concessionaire hereby accepts concession set forth herein including the exclusive right, licence and authority to construct, operate and Concession to undertakemaintain the Project, during excluding the Concession Periodperformance of Reserved Services, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and Concession”) for a period of 35 (thirty five) years commencing from the Appointed Date and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
(b) 3.1.2 Subject to and in accordance with the provisions of this Concession Agreement, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:: DRAFT
i. make at its cost (a) Right of Way, access and expense such development and improvements in licence to the Site as may be necessary for the purpose of and to implement the Project and establish the Project Facilities thereat subject to and in accordance with extent conferred by the provisions of this Concession Agreement;
ii. Develop, finance, (b) design, constructdevelopment, market, manage, administer, operate financing and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development construction of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights (c) manage, operate, maintain and remedies available under transfer the Applicable Laws to recover the User Charges in compliance with the requirements Project;
(d) demand Grant from Authority for development of the Applicable Laws, terms of Applicable Permits Project or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rentalany part thereof;
x. Perform (e) demand and appropriate Availability Payment from Authority for development, operation & maintenance of the Project or any part thereof;
(f) perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Concession Agreement;
(g) save as otherwise expressly provided in this Concession Agreement, Carry out such other activities bear and pay all costs, expenses and charges in connection with or incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations performance of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all obligations of the rights, powers, privileges, Concessions and entitlements as set forth in Concessionaire under this Concession Agreement.; and
(ch) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not neither assign, transfer or sublet or part with or create any Encumbrances lien or encumbrance on this Concession Agreement, or the Concession hereby granted or on the whole or any part of the Project Site nor transfer, lease or part possession thereof, save and except as expressly permitted under by this Concession Agreement or the Substitution Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, the terms of Applicable Permits, and Good Industry Practice, the Grantor / Authority hereby grants to the Concessionaire, and the Concessionaire hereby accepts the exclusive right, authority and Concession authorization to undertake, during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and Concession”) and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
(b) Subject to and in accordance with the provisions of this Agreement, the Concession granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost and expense such development and improvements in the Site as may be necessary to implement the Project and establish the Project Facilities thereat subject to and in accordance with the provisions of this Agreement;
ii. DevelopDesign, plan, develop, finance, design, construct, market, administer, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in AppendixAppendix 4;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User ChargesSupply the ‘Output’ to the Authority as per the terms of this Agreement;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Grantor / Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease RentalAmount, Royalty etc.;
x. ix. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement, x. Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. 3.1 The Concession (a) “Concession”)
3.1.1 Subject to and in accordance with the terms and conditions set forth in this Concession Agreement, the Applicable Laws, the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, Concessionaire and the Concessionaire hereby accepts the Concession for a period of 15 (fifteen) years, commencing from the Appointed Date, including the exclusive right, license, authority and Concession authorization during the subsistence of this Agreement, including extension thereof, to undertakedesign, build, finance, operate, maintain and manage the Project during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
(b) 3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost a. Right of way, access and expense such development and improvements in license to the Site as may be necessary for the purpose of and to implement the Project and establish the Project Facilities thereat subject to and in accordance with extent conferred by the provisions of this Agreement;
ii. Develop, finance, b. design, construct, market, finance and construct the Project Facilities;
c. manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Lawsthird parties;
v. Determine, d. demand, revise, charge, collect, retain collect and appropriate User ChargesProject Revenues from guests and users, liable for payment of Commercial Charge, for using the Project Facilities or any part thereof and refuse entry of guests if the Commercial Charges due is not paid;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights e. perform and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill fulfil all of the Concessionaire’s 's obligations under and in accordance with this Agreement;
f. bear and pay all costs, Carry out such other activities expenses and charges in connection with or incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations performance of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all obligations of the rights, powers, privileges, Concessions and entitlements as set forth in Concessionaire under this Agreement.; and
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not g. neither assign, transfer or sublet or part with sublet, or create any Encumbrances lien or Encumbrance on this Agreement, or on the Concession hereby granted, or on the whole or any part of the Project; nor transfer, or part with the possession of the Project Site thereof, save and except as expressly permitted by this Agreement or the Substitution Agreement;
h. to enter into sub-contracts, joint development agreement, development management agreements, sub lease or any other kind of arrangements with regards to design, planning, construction, implementation or operations and maintenance of Optional Project Facilities during the term of the Agreement and in a way that does not contravene any of the underlying terms of the Concession under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) Subject On and from the Effective Date and subject to the terms of this Agreement, Applicable Laws and Applicable Permits, the KMC grants to the Concessionaire the exclusive right to
a. Design, finance, construct, renovate and complete Tolly‟s Nallah Facilities, and Garden Reach Facilities
b. Design, finance, renovate and complete Garden Reach Facilities
c. Upon completion of construction/renovation of Tolly‟s Nallah Facilities and Garden Reach Facilities, operate and maintain facilities from relevant COD until Expiry Date subject to early termination of this Agreement in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and the Concessionaire hereby accepts the exclusive right, authority and Concession to undertake, during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.Clause 14.7
(b) Subject On and from the Keorapukur Handover Date and subject to and in accordance with the provisions terms of this Agreement, Applicable Laws and Applicable Permits, the Concession granted herein includes, subject KMC grants to the provisions hereof, shall oblige or entitle (as Concessionaire the case may be) the Concessionaire to:
i. make at its cost and expense such development and improvements in the Site as may be necessary exclusive right to implement the Project and establish the Project Facilities thereat subject to and in accordance with the provisions of this Agreement;
ii. Developdesign, finance, design, construct, market, manage, administerrenovate, operate and maintain the Project Keorapukur Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development from Keorapukur Handover Date until Expiry Date subject to early termination of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties Agreement in accordance with Clause 14.7. Similarly, On and from the provisions of this Agreement Kudghat Handover Date and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation subject to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towardsAgreement, interaliaApplicable Laws and Applicable Permits, the Revenue Share KMC grants to the Concessionaire the exclusive right to design, finance, renovate, operate and the Annual Lease Rental;
x. Perform and fulfill all maintain Kudghat PS from Kudghat Handover Date until Expiry Date subject to early termination of the Concessionaire’s obligations under and this Agreement in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this AgreementClause 14.7.
(c) The Concessionaire has no grant of the concession set out in Article 2.2(a) shall oblige or entitle the Concessionaire, as the case may be, to the following:
i. access to the Tolly‟s Nallah Site, Garden Reach Site from the Effective Date, access to Keorapukur Site from Keorapukur Handover Date and access to Kudghat PS from Kudghat Handover Date for the sole purpose of implementing the Project;
ii. operate and maintain Existing Garden Reach Facilities from Effective Date until Expiry Date. It is clarified that while the Concessionaire's obligation to operate and maintain Existing Garden Reach Facilities will commence from the Effective Date, the Concessionaire's right to sell or mortgage receive the title of relevant O&M Charges will commence from the Site or any of the whole or part thereof Tolly‟s Nallah COD. The Concessionaire must operate and it shallmaintain Existing Garden Reach Facilities from Effective Date to Tolly‟s Nallah COD, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency above in accordance with Good Industry Practices, to ensure compliance with the provisions hereof.Guaranteed Interim Availability;
iii. apply for and obtain all the Concessionaire Applicable Permits and utilities required to undertake the Project;
iv. raise funds (dthrough both debt and equity financing) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part to finance 60% of the aggregate Bid Project Site save Cost;
v. appoint Subcontractors, agents, advisors and except as expressly permitted consultants and enter into Subcontracts to undertake the Project, with the prior approval of the KMC;
vi. complete the renovation of Garden Reach STP on or before Scheduled Garden Reach Construction Completion Date
vii. complete the renovation of (1) Tolly‟s Nallah Associated Infrastructure 1 on or before the Scheduled Tolly‟s Nallah Associated Infrastructure 1 Construction Completion Date; (2) Tolly‟s Nallah Associated Infrastructure 2 on or before the Scheduled Tolly‟s Nallah Associated Infrastructure 2 Construction Completion Date;
viii. complete the construction of (1) Tolly‟s Nallah STP 1 on or before Scheduled Tolly‟s Nallah STP 1 Construction Completion Date; (2) Tolly‟s Nallah STP 2 on or before Scheduled Tolly‟s Nallah STP 2 Construction Completion Date; (3) Tolly‟s Nallah STP 3 on or before Scheduled Tolly‟s Nallah STP 3 Construction Completion Date;
ix. construct a biogas Power Plant or a solar rooftop Power Plant at its sole option and discretion; and
x. receive the relevant Construction/renovation Payments during the relevant Construction Period and the relevant O&M Payments during the relevant O&M Period, subject to compliance with the terms and performance of the obligations under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right ;
xi. upon completion of construction/renovation of the relevant facilities undertake Trial Operations of the relevant facilities;
xii. upon successful completion of the construction/renovation of the Facilities at each location as evidenced by issuance of the relevant COD certificate(s), operate and maintain the Facilities of each Location until the Expiry Date;
xiii. operate and maintain Garden Reach STP from Effective Date until Expiry Date. It is clarified that while the Concessionaire's obligation to operate and maintain Garden Reach STP will commence from the Effective Date, the Concessionaire's right to receive the relevant O&M Charges will commence from the Tolly‟s Nallah COD. The Concessionaire must operate and maintain Garden Reach STP from Effective Date to appoint ContractorsTolly‟s Nallah COD, above in accordance with Good Industry Practices, to enter into Contractual Arrangements.ensure compliance with the Guaranteed Interim Availability;
xiv. operate and maintain (1) Tolly's Nallah STP 1 from Tolly's Nallah STP 1 COD until Expiry Date; (2) Tolly's Nallah STP 2 from Tolly's Nallah STP 2 COD until Expiry Date;
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) The Concession Subject to and in accordance with the terms and conditions set forth in provisions of this Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry Practice, the Authority Maha-Metro hereby grants to the Concessionaire, and Concessionaire the Concessionaire hereby accepts concession set forth herein including the exclusive right, licence and authority to develop/construct, operate and Concession to undertake, during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of maintain the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and Concession”) for a period of 60 (sixty) years commencing from the Effective Date, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
(b) ; Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost : Right of Way, access and expense such development and improvements in the Site as may be necessary lease rights to implement the Project Site for the purpose of and establish to the Project Facilities thereat subject to and in accordance with extent conferred by the provisions of this Agreement;
ii. Develop; to design, engineer, finance, design, construct, market, procure and construct the Project; manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, third parties; demand, revise, charge, collect, retain collect and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to revenue from the Users for using the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging Assets or any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise part thereof; perform and fulfil all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement; bear and pay all costs, Carry out such other activities expenses and charges in connection with or incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations performance of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all obligations of the rights, powers, privileges, Concessions and entitlements as set forth in Concessionaire under this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof ; and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not neither assign, transfer or sublet or part with or create any Encumbrances lien or Encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Project Site nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement. The Concession Period shall commence on the Effective Date and shall end on the Transfer Date. Grant subject to obligation It is clarified that the rights granted in respect of the Project under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of Article 3 to the Concessionaire are subject to appoint Contractors, the conditions attached to enter into Contractual Arrangementsexercise of such rights and performance of its obligations as set out in the Agreement and other documents executed pursuant to the Agreement.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. 2.1.1 In consideration of the Concession Fee payable by the Developer as specified under this Agreement, and the Developer’s covenants hereinafter reserved and contained in this Agreement the Mandi Board hereby grants to the Developer, with effect from the Effective Date, and the Developer hereby accepts from the Mandi Board, the concession to design, finance, develop and construct the Facilities on the Project Land and to operate, maintain and manage the same during the Concession Period (a) the “Concession”).
2.1.2 Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, Concession hereby granted shall entitle the terms of Applicable PermitsDeveloper to enjoy, and Good Industry Practice, oblige the Authority hereby grants Developer to undertake the Concessionaire, and the Concessionaire hereby accepts the exclusive right, authority and Concession to undertake, during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
(b) Subject to and following in accordance with the provisions of this Agreement, the Concession granted herein includes, subject Applicable Laws and the Applicable Permits:
(i) access and license to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost and expense such development and improvements Project Land solely in the Site as may be necessary order to implement undertake the Project and establish develop the Project Facilities thereat subject to thereat;
(ii) Undertake the construction and development of the Facilities on its own or through sub-contracts, in accordance with the provisions of this Agreementterms hereof;
ii. Develop, finance, design, construct, market, manage, administer, operate and maintain (iii) enjoy possession of the Project Facilities in conformity with Land for the Specifications and Standards set forth in Appendixpurpose of undertaking the Project;
iii. (iv) To apply for, procure & maintain for and obtain all requisite Applicable Permits Permits, including from all Governmental Authorities concerned, for the development of Project Facilities on the Project Site as well as for the O&M thereofSite, including plans for construction of building/s and other structure/s thereon for such uses and purposes as permitted under this Agreement; anddescribed herein;
iv. Operate (v) Enjoy all the rights, privileges and maintain the Project and regulate the use thereof by Third Parties benefits in accordance with the provisions of this Agreement and Applicable LawsLaws and subject to receipt of approval and authorization in accordance with the terms hereof to design, engineer, finance, procure, construct, erect, own, operate and maintain the Facilities, and, for that purpose to remove, renovate, use or demolish any structures with prior approval from Mandi Board that may be existing on the Project Land as of the date of this Agreement;
v. Determine(vi) determine, set, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to a tariff from the Project Users of the Facilities;
(vii. Appoint Contractors/sub-contractors for discharging any ) enforce the collection of its obligations under this Agreement, carrying on its business tariff from delinquent Users of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, Facilities in accordance with Applicable Laws & Good Industry PracticeLaw;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) 3.1.1 Subject to and in accordance with the terms and conditions set forth in provisions of this Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry Practice, the Authority ULB hereby grants to the Concessionaire, and Concessionaire the Concessionaire hereby accepts concession set forth herein including the exclusive right, licence and authority to construct, operate and Concession to undertake, during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of maintain the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and Concession”) for a period of 25 (twenty five) years commencing from COD, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.:
(b) 3.1.2 Subject to and in accordance with the provisions of this Agreement, Applicable Laws and Good Industry Practice, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost (a) perform and expense such development and improvements in the Site as may be necessary to implement the Project and establish the Project Facilities thereat subject to and in accordance with the provisions of this Agreement;
ii. Develop, finance, design, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill fulfil all of the Concessionaire’s obligations under and in accordance with this Agreement;
(b) design, Carry out such other activities incidental to the foregoing or proper or desirable for the safeengineer, efficient finance, procure, construct, install, commission, operate and economic implementation and operations maintain each of the Project, in accordance with Applicable Laws & Good Industry PracticeProject Facilities either itself or through such person as may be selected by it;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right bear and pay all costs, expenses and charges in connection with or incidental to sell or mortgage the title performance of the Site or any obligations of the whole Concessionaire under this Agreement;
(d) upon commissioning of the Project Facilities, to manage, operate and maintain the same either itself or part thereof through such person as may be selected by it, provided that the ultimate obligation and it shall, on responsibility for the Transfer date, performance of this Agreement shall continue to vest with the Concessionaire;
(e) transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority ULB at the end of the Concession Period or its nominated agency on Termination, in accordance with the provisions hereof.of this Agreement;
(df) The Concessionaire is borrow or raise money or funding required for the due implementation of the Project and charge or create lien or encumbrance on the whole or part of Movable Project Assets of the Project Facilities except the Site and Landfill Site;
(g) process MSW at the Plant, produce energy from Waste to Energy Processing Facility and dispose the process remnants and inert waste as per provisions of this Agreement, SWM Rules 2016 and Applicable Law;
(h) in accordance with the Applicable Law, store, use appropriate, market and sell or dispose all the components/ products of the MSW, including but not authorised limited to electricity, methane, RDF, compost and shall not to further retain and appropriate any revenues generated from the sale of such products/ end-products;
(i) obtain the utilities required for enabling the construction of the Project Facilities;
(j) exclusively hold, possess, and control the Site, in accordance with the terms of the Concession Agreement for the purposes of the due implementation of this Project;
(k) neither assign, transfer or sublet or part with sublicense or create any Encumbrances lien or Encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Project Site save and except as expressly permitted under this Agreementnor transfer, sublicense or part possession thereof; provided that nothing contained herein shall be construed or interpreted as restricting the right without permission of the Concessionaire to appoint Contractors, to enter into Contractual ArrangementsULB.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) 3.1.1 Subject to and in accordance with the terms and conditions set forth in provisions of this Agreement, the Applicable Laws, the terms of Applicable Permits, Permits and Good Industry Practice, the Authority hereby grants to the Concessionaire, Concessionaire and the Concessionaire hereby accepts the exclusive right, license and authority and Concession to undertake, during the Concession Period, the development[develop, design, engineeringengineer, financingmonitor, procurementprocure, completionfinance, commissioningconstruct, implementationequip, marketingoperate, management, administration operation maintain and maintenance of manage] the Project Facilities at the Site (the “Concession”) for a period of [●]9 years or early termination by a Termination Notice in accordance with this Agreement, commencing from the Appointed Date and ending on the Transfer Date, (the “Concession Period”) and to exercise and and/or enjoy the rights, powerspower, privileges, Concessions privileges and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
(b) 3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire Concessionaire, during the Concession Period to:
i. make at its cost (a) Right of Way, access and expense such development and improvements in license to the Site as may be necessary for the purpose of and to implement the Project extent conferred by the provisions of this Agreement;
(b) [plan, design, develop, procure, finance, construct, equip, operate, maintain and establish manage] the Project Facilities thereat subject as per the terms and conditions of this Agreement including Specifications and Standards, Applicable Laws, Applicable Permits, terms of Clearances, Good Industry Practice, Good Clinical Practice and Good Healthcare Practice and transfer the same to the Authority or its nominated agency on the expiry or the prior termination of the Concession Period;
(c) perform and fulfill all of the Concessionaire‟s obligations in accordance with this Agreement including Specifications and Standards, Applicable Laws, Applicable Permits, terms of Clearances, Good Industry Practice, Good Clinical Practice and Good Healthcare Practice;
(d) on and from the Commercial Operation Date and until the Transfer Date, the Concessionaire shall have the right to demand, charge, collect, retain, appropriate and periodically revise the User Charges in accordance with the provisions of this Agreement;
ii. Develop, finance, design, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 1 contract
Samples: Public Private Partnership Agreement
Grant of Concession. (a) Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and the Concessionaire hereby accepts the exclusive right, authority and Concession to undertake, during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
(b) Subject to and in accordance with the provisions of this Agreement, the Concession granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost and expense such development and improvements in the Site as may be necessary to implement the Project and establish the Project Facilities thereat subject to and in accordance with the provisions of this Agreement;
ii. Develop, finance, design, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in AppendixAppendix IX;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, the terms of Laws and Applicable Permits, and Good Industry Practice, BRBN (the Authority “Authority”) hereby grants to the ConcessionaireConcessionaire possession of the Property, Project Asset and Project Facility as set forth in Schedule 4 on ‘as is where is basis’ for the sole purpose of the Project, and grants and authorizes the Concessionaire hereby accepts the exclusive rightrights and privilege to, authority and Concession to undertakeinvestigate target area for cold storage, during the Concession Period, the developmentrenovate, design, engineeringprocure, financingfinance, procurementconstruct, completioncommissioning of plant, commissioning, implementation, marketing, management, administration operation & maintenance and maintenance marketing of the Project/Project Facilities at the Site Facility and to exercise and and/or enjoy the rights, powers, privileges, Concessions authorisations and entitlements as set forth in this Agreement (collectively “the “Concession”)and Concession”)for the entire duration of the Concession Period or until the earlier Termination of the Concession in accordance with the provisions of this Agreement, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.. In consideration of the grant of Concession, the Concessioner shall pay to BRBN, by way of concession fee (the “Concession Fee”): For this purpose, subject to provisions of this Agreement, the BRBN hereby grants the Concessionaire the exclusive right and authority during the Concession Period to:
(ba) Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost to enjoy and expense such development and improvements in oblige the Site as may be necessary Concessionaire to implement undertake the Project and establish the Project Facilities thereat subject to and following in accordance with the provisions of this Agreement;
ii. Develop, the Applicable Laws and Applicable Permits:to investigate, study, procure, finance, designrenovate, constructupgrade, marketmodernise, augment, commission, operate, maintain and manage Project Facility and Project Asset according to the provisions of this Agreement;
(b) Transfer the Property, Project Asset and Project Facility to BRBN or its nominated agency on the expiry or prior termination of the Concession Period;
(c) fulfill the Minimum Modernisation Obligation Planin accordance with the Specifications and Standards issued by NHB / MIDH or other relevant authorities, Applicable Laws, terms of Clearances and as per norms of Cold Storage;
(d) on and from the Operations Date and until the end of Operations Period, the Concessionaire or its Contactors/Licensees shall have full freedom to determine, demand, charge, collect, retain, appropriate and periodically revise the rental charge / storage fee for cold storage as per the provisions of this Agreement;
(e) enjoy complete and uninterrupted possession of and control over the Project Site that shall be leased to the Concessionaire by BRBN under Project Site Lease Deed for a period co-terminus with the Concession Agreement, including extension thereof;
(f) manage, administer, operate and maintain the Project Facilities Assets without any limitation or restriction other than as expressly set out in conformity with the Specifications and Standards set forth in Appendixthis Agreement;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation (g) to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of fulfill its obligations under this Agreement, carrying on undertake activities either itself or through subcontracting arrangements and to appoint subcontractors, agents and without in any way relieving the Concessionaire of its business of implementing, constructing, managing, marketing, operating and/or maintaining obligations;
(h) exercise such other rights as BRBN may determine as being necessary or desirable for the purposes incidental and necessary for implementing the Project;
viii. exercise (i) bear and pay all rights expenses, costs and remedies available under charges incurred in the Applicable Laws to recover the User Charges in compliance with the requirements fulfillment of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry PracticeAgreement ;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.and
(cj) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with assign or create any Encumbrances lien or Encumbrance on the whole Concession hereby granted or any part of on the Project Site nor transfer, lease or part possession therewith save and except as expressly permitted under by this Agreement or the Substitution Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) 3.1.1 Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, Concessionaire and the Concessionaire hereby accepts the Concession for a period of 30 years, commencing from the Compliance Date, including the exclusive right, license, authority and Concession authorization during the subsistence of this Agreement, including extension thereof, to undertakeplan, during design, finance, engineer, construct, develop, equip, operate, maintain, modernize and manage the Project and enjoy its commercial benefits for the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject .
3.1.2 Subject to and in accordance with the terms and conditions set forth herein.
(b) Subject to and in this Agreement, the Concessionaire undertakes the following in accordance with the provisions of this Concession Agreement, the Concession granted herein includes, subject to Applicable Laws and the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost Applicable Permits: To develop and expense such development and improvements in the Site as may be necessary to implement the Project as per the Scope of Work, more specifically mentioned in Article 2 of the Concession Agreement. To enjoy complete and establish uninterrupted access to the Project Site for the purpose of and to the extent conferred by the provisions of this Agreement and for a period that shall be co‐terminus with the Concession Agreement. To have access and liberty to plan, design, construct, finance, maintain and operate the Project Facilities thereat subject to and during the Concession Period in accordance with the provisions of this Agreement;
iiConcession Agreement & Schedules. Develop, finance, design, construct, market, manage, administer, operate and maintain Any construction or development made by the Concessionaire on the Project Facilities Site in respect of the Project shall be deemed to be the property of the Authority and the Concessionaire relinquishes all its rights in such property in favour of Authority. Exclusive right and authority, during the Concession Period, to carry out the specified activities in relation to the Ecotourism & Adventure Park. Sub license the use of the Project to vendors and thereupon, determine, demand, levy, collect, enforce, retain and appropriate charges therefore and to periodically revise the same in conformity with the Specifications market rates. Within the limitations of statutory provisions and Standards decency of operations, the Concessionaire shall make all the efforts to maximize the earnings from the associated operations and to keep the Authority informed of actions taken and results thereof. Regulate the use access of the Ecotourism & Adventure Park by the Third Parties/ vendors and enforce the collection of charges/fee from delinquent vendors, as per the Applicable Laws. Manage, operate and execute rights over all or any part of the Project Assets without any limitation or restriction other than those expressly set forth out in Appendix;
iiithis Concession Agreement. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of fulfill its obligations under this Agreement, carrying on undertake activities either by itself or through subcontracting arrangements and to appoint contractors, subcontractors, agents, advisors and consultants without in any way relieving the Concessionaire of its business obligations as set out in this Agreement. Arrange for all the clearances from the Competent Authorities for the development of implementingEcotourism & Adventure Park and the Authority shall in no way be liable for the same. Responsibility of taking all necessary approvals of construction, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights demolition and remedies available under the Applicable Laws to recover the User Charges in compliance reconstruction lies with the requirements Concessionaire. Nevertheless Authority without any binding obligation may provide any assistance upon written request from the Concessionaire. Arrange statutory clearance from the Competent Authority/ies for removal of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authoritiesexisting trees, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments from the Project Site to the extent necessary for the Project or any of its components. Exercise such other rights as the Authority may determine as being necessary or desirable for the purposes incidental and necessary for developing, financing, implementing, managing, operating, running & maintaining the Project. Bear and pay all expenses, costs and charges incurred in accordance with the terms fulfillment of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement; and Nothing contained herein, Carry out such other activities incidental including the act of granting permission to develop the foregoing Project at the designated area shall vest or proper create any proprietary interest in the Project/Project Land or desirable for any part thereof including any permanent fixtures, fittings etc. installed in the safe, efficient and economic implementation and operations Ecotourism & Adventure Park in favour of the Concessionaire or any person claiming through or under the Concessionaire. The Concessionaire shall not in any manner sell, transfer, assign, mortgage, charge, create lien or otherwise encumber or deal with the Project/Project Land in any manner. The Concessionaire acknowledges, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all accepts and confirms that the rights, powers, privileges, Concessions and entitlements as set forth in covenant contained herein is an essence of this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. 3.1.1 Subject to and in accordance with the terms and conditions set forth in this Agreement, the Authority hereby grants to the Concessionaire and the Concessionaire hereby accepts the Concession for a period of 30 (athirty) years (the “Concession Period”) commencing from the Compliance Date.
3.1.2 Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and the Concessionaire hereby accepts undertakes:
a. to develop and implement the exclusive rightProject as per the Scope of Work as mentioned in Article 2 and Schedule III of the Concession Agreement;
b. to enjoy complete and uninterrupted access and Right of Way and right to use the Project Site in pursuance of the declaration of license granted in favour of the Concessionaire by the Authority;
c. to have access and liberty to complete, authority maintain and Concession to undertake, operate the Project Facilities during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
(b) Subject to and Period in accordance with the provisions of this Agreement, the Concession granted herein includes, subject to the provisions Agreement & Schedules hereof, shall oblige . Any construction or entitle (as the case may be) development done by the Concessionaire to:
i. make at its cost and expense such development and improvements in the Site as may be necessary to implement the Project and establish the Project Facilities thereat subject to and in accordance with the provisions form of this Agreement;
ii. Develop, finance, design, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities any structures or fixtures on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain in respect of the Project shall be deemed to be the property of the Authority and regulate the use thereof by Third Parties Concessionaire relinquishes all its rights in accordance with such property in favour of the provisions of this Agreement and Applicable LawsAuthority;
v. Determined. to manage, demand, revise, charge, collect, retain operate and appropriate User Chargesexercise rights over all or any part of the Project Assets without limitation or restriction other than those expressly set out in this Concession Agreement;
vi. Enter into Contractual Arrangements in relation e. to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of fulfill its obligations under this Agreement, carrying undertake activities either by itself or through subcontracting arrangements and to appoint contractors, subcontractors (the
f. to arrange for all the Applicable Permits and Clearances from the Competent Authorities for the development of the Project and the Authority shall in no way be liable for the same. Responsibility of getting all necessary approvals pertaining to construction, demolition and reconstruction lies with the Concessionaire. Nevertheless, the Authority, without any binding obligation may provide any assistance upon written request from the Concessionaire on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Projectbest effort basis;
viii. exercise all rights and remedies available under g. to arrange Clearances from the Applicable Laws to recover the User Charges in compliance with the requirements Competent Authorities for removal of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authoritiesexisting trees, if any, from the Project Site to the extent necessary for the Project or any of its components;
h. to exercise such other rights as the Authority may determine being necessary or desirable for the purposes incidental and Good Industry Practice in this behalf necessary for completing, developing, operating, & maintaining the Project; and
ix. make timely payments i. to the Authority in accordance with the terms bear and pay all expenses, costs and charges incurred for fulfillment of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations as set out under and in accordance with this Agreement. Nothing contained hereinabove, Carry out such other activities incidental including the act of granting permission to complete the foregoing Project at the designated Project Site shall vest or proper create any proprietary interest in the Project/Project Land or desirable for any part thereof including any permanent fixtures, fittings etc. installed in the safe, efficient and economic implementation and operations Project in favor of the Concessionaire or any person claiming through or under the Concessionaire. The Concessionaire shall not in any manner sell, transfer, assign, mortgage, charge, create lien or otherwise encumber or deal with the Project/Project Land in any manner whatsoever. The Concessionaire acknowledges, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all accepts and confirms that the rights, powers, privileges, Concessions and entitlements as set forth in covenant contained herein is an essence of this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession.
2.1.1 In consideration of the Concession Fee payable by the Developer as specified under this Agreement, and the Developer’s covenants hereinafter reserved and contained in this Agreement the ******* hereby grants to the Developer, with effect from the Execution Date, and the Developer hereby accepts from ******* the concession to design, finance, develop and construct the Facilities on the Project Land and to operate, maintain and manage the same during the Concession Period (athe “Concession”) from the Effective Date.
2.1.2 Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, Concession hereby granted shall entitle the terms of Applicable PermitsDeveloper to enjoy, and Good Industry Practice, oblige the Authority hereby grants Developer to undertake the Concessionaire, and the Concessionaire hereby accepts the exclusive right, authority and Concession to undertake, during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
(b) Subject to and following in accordance with the provisions of this Agreement, the Concession granted herein includes, subject Applicable Laws and the Applicable Permits:
(i) access and license to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost and expense such development and improvements Project Land solely in the Site as may be necessary order to implement undertake the Project and establish develop the Project Facilities thereat subject to thereat;
(ii) Undertake the construction and development of the Facilities on its own or through sub-contracts, in accordance with the provisions of this Agreementterms hereof;
ii. Develop, finance, design, construct, market, manage, administer, operate and maintain (iii) enjoy possession of the Project Facilities in conformity with Land for the Specifications and Standards set forth in Appendixpurpose of undertaking the Project;
iii. (iv) To apply for, procure & maintain for and obtain all requisite Applicable Permits Permits, including from all Governmental Authorities concerned, for the development of Project Facilities on the Project Site as well as for the O&M thereofSite, including plans for construction of building/s and other structure/s thereon for such uses and purposes as permitted under this Agreement; anddescribed herein;
iv. Operate (v) Enjoy all the rights, privileges and maintain the Project and regulate the use thereof by Third Parties benefits in accordance with the provisions of this Agreement and Applicable LawsLaws and subject to receipt of approval and authorization in accordance with the terms hereof to design, engineer, finance, procure, construct, erect, own, operate and maintain the Facilities, and, for that purpose to remove, renovate, use or demolish any structures with prior approval from ******** that may be existing on the Project Land as of the date of this Agreement;
v. Determine(vi) determine, set, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to a tariff from the Project Users of the Facilities;
(vii. Appoint Contractors/sub-contractors for discharging any ) enforce the collection of its obligations under this Agreement, carrying on its business tariff from delinquent Users of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, Facilities in accordance with Applicable Laws & Good Industry PracticeLaw;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) The Concession Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry PracticeLimits, the Authority hereby grants to the ConcessionaireConcessionaire the Concession set forth herein , and the Concessionaire hereby accepts including the exclusive right, license and authority and Concession to undertake, during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance subsistence of this Agreement to implement the Project Facilities at the Site mentioned at Schedule A in {… }6 for the Concession Period on Design, Build, Finance, Own, Operate (DBFOO) basis and exercise seek Storage and enjoy Handling Charges for the rights, powers, privileges, Concessions and entitlements as set forth in Services under the provisions of this Agreement (collectively the “Concession”)and and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject and in accordance with the terms and conditions set forth herein. Subject to and in accordance with the terms and conditions set forth herein.
(b) Subject in this Agreement, the Concession hereby granted shall entitle or oblige the Concessionaire to and undertake the following in accordance with the provisions of this Agreement, the Concession granted herein includesApplicable Laws and the Applicable Permits : Procure land, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost and expense such development and improvements per specifications laid down in the Site as may be necessary to implement RFP and the Concession Agreement, on registered ownership or under registered lease of not less than 35 (thirty five) years from Commencement Date, for the construction of Silo Complex, including rail siding; Design, finance and build Silo Complex at the Project Location as per laid down Standards and establish the Project Facilities thereat subject to and in accordance with the provisions of this Agreement;
ii. Develop, finance, design, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth as per capacities stipulated in Appendix;
iii. To apply forSchedule B; Manage, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain Maintain the Project Silo Complex as per laid down Standards and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement Specifications, Performance Standards, Grain Acceptance Specifications and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying provide Services on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets exclusive basis to the Authority or its nominated agency nominee; 6 Location as per LOA to be mentioned Receive Food Grains, in [bulk and/or bag], procured by and directed through the Authority or its assignees or its nominees {or farmers} as per stipulations laid down in the Agreement; Store and preserve the Food Grains in a scientific manner and in accordance with stipulations laid down in the provisions hereof.
(d) The Concessionaire is not authorised Agreement; Release stored Food Grains on instruction from the Authority in [bagged and shall not assign/ or bulk form]; Bear and pay all costs, transfer or sublet or part expenses and charges in connection with or create any Encumbrances on incidental to the whole or any part performance of the Project Site save obligations of the Concessionaire under the Concession including, weighing, {de-bagging}, handling and except conveying within the Silo Complex, cleaning, quality testing, storage, bagging, stacking, loading onto Broad Gauge railway wagons and/or trucks and such all other costs incidental to the operation of the Silo Complex and towards the maintenance of the Silo Complex as expressly permitted per the Standards and Specifications; Perform and fulfil all of the Concessionaire‟s obligations under and accordance with this Agreement; provided that nothing contained herein and Demand, collect and appropriate Storage and Handling Charges from the Authority as per the terms of this Agreement. The Concession Period shall be construed or interpreted as restricting a sum total of Construction Period and Operation Period and subject to any extension under Articles 18 and 23, shall not exceed a period of 384 (three hundred and eighty four) months from the right Commencement Date. In the event the additional time taken for satisfying Condition Precedent results in delay in commencement of Operation Date, there would be corresponding reduction in guarantee period provided by the Concessionaire to appoint Contractors, to enter into Contractual ArrangementsAuthority.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) 3.1.1 Subject to and in accordance with the terms and conditions set forth in provisions of this Concession Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and the Concessionaire hereby accepts the exclusive right, license and authority to use the Project Site and Concession to undertakeProject Facility(s), free of any Encumbrances, for the implementation of the Project during the Concession PeriodPeriod and, for the developmentpurposes permitted under this Agreement, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement for no other purpose whatsoever (collectively hereinafter the “Concession”)and Concession”); and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. For avoidance of doubt, it is clarified that at all times the Authority shall have the absolute, unencumbered legal ownership rights in respect of the Project Site and Project Facility(s) and the Concessionaire shall only be entitled to exercise its Concession rights and/or operate and maintain the Project Facility(s) in Good Working Condition till the expiry or earlier termination of the Concession Period.
(b) 3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession here by granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire Concessionaire, during the Concession Period to:
i. make at its cost Right of Way, access and expense such development and improvements in the Site as may be necessary license, to implement the Project Sites for the purpose of and establish to the extent conferred by the provisions of this Agreement;
ii. Plan, design, develop, build, procure, finance, install, operate, maintain, manage and transfer the Project Facilities thereat subject Facility(s) as per the terms of this Agreement including Specifications and Standards, Applicable Laws, Applicable Permits, terms of clearances, Good Industry Practice, Good Clinical Practice and Good Healthcare Practice and transfer the same to the Authority or its nominated agency on the expiry or the prior termination of the Concession Period;
iii. Perform and fulfil all of the Concessionaire‟s obligations under and in accordance with this Agreement including Operational Specification as mentioned under Schedule-D of this Agreement, Applicable Laws, Applicable Permits, terms of clearances, Good Industry Practice, Good Clinical Practice and Good Healthcare Practice;
iv. On and from the Commercial Operation Date and until the Transfer Date, the Concessionaire shall have the right to demand, charge, collect, retain, appropriate and periodically revise the User Charges from the Private Patients for providing Clinical Services and Non-Clinical Services
v. On and from the Commercial Operation Date and until the Transfer Date, the Concessionaire shall have the right to receive Operational Payment from the Authority for providing Non- Clinical Services to the Public Patients in accordance with the provisions of this Agreement;
iivi. Develop, finance, design, construct, market, manage, administer, operate Provide Radiotherapy Services to the Patients as per Good Clinical Practice and maintain the Project Facilities Good Healthcare Practice and in conformity accordance with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development provisions of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
ivvii. Operate have exclusive right and maintain authority, during the Project and regulate Concession Period, to provide the use thereof by Third Parties Radiotherapy Services to the Patients in accordance with the provisions of this Agreement including Specifications and Applicable Laws;
v. DetermineStandards, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, Applicable Permits, terms of Applicable Permits or mandatory requirements of Government Authoritiesclearances, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Draft Concession Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. 3.1.1 Subject to and in accordance with the terms and conditions set forth in this Agreement, the Authority hereby grants to the Concessionaire and the Concessionaire hereby accepts the Concession for a period of 15(fifteen) years (athe “Concession Period”) commencing from the Compliance Date.
3.1.2 Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and the Concessionaire hereby accepts undertakes:
a. to develop and implement the exclusive right, authority Project as per the Scope of Work as mentioned in Article 2 and Schedule III of the Concession Agreement;
b. to undertake, enjoy complete and uninterrupted access and Right of Way and right to use the Project Site in pursuance of the declaration of license granted in favour of the Concessionaire by the Authority;
c. to have access and liberty to maintain and operate the Project Facilities during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
(b) Subject to and Period in accordance with the provisions of this Agreement, Concession Agreement & Schedules hereof. Any temporary construction or development done by the Concessionaire in form of any structures or fixtures on the Project Site in respect of the Project shall be deemed to be the property of the Authority and the Concessionaire relinquishes all its rights in such property in favour of the Authority;
d. to enjoy exclusive right and authority to carry out the activities in relation to the Food Court strictly as specified in the Concession granted herein includes, subject Agreement during the Concession Period;
e. To sub-license the use of the Project to the provisions hereofvendors/retailers/food chain operators and thereupon determine, shall oblige or entitle (as demand, levy, collect, enforce, retain and appropriate charges periodically and revise the case may be) the Concessionaire to:
i. make at its cost and expense such development and improvements in the Site as may be necessary to implement the Project and establish the Project Facilities thereat subject to and in accordance with the provisions of this Agreement;
ii. Develop, finance, design, construct, market, manage, administer, operate and maintain the Project Facilities same in conformity with the Specifications prevailing market rates. Within the limitations of statutory provisions of the Applicable Laws and Standards set forth in AppendixGood Industry Practice, the Concessionaire shall make all the efforts to maximize the earnings from the associated operations and to keep the Authority informed of actions taken and results thereof;
iii. To apply forf. to manage, procure & maintain operate and exercise rights over all requisite Applicable Permits for the development or any part of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under Assets without limitation or restriction other than those expressly set out in this Concession Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation g. to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of fulfill its obligations under this Agreement, carrying on undertake activities either by itself or through subcontracting arrangements and to appoint contractors, subcontractors (the “Subcontractor(s)”), agents, advisors and consultants without in any way relieving the Concessionaire of its business of implementing, constructing, managing, marketing, operating and/or maintaining the Projectobligations as set out in this Agreement;
viii. exercise h. to arrange for all rights and remedies available under the Applicable Laws Permits and Clearances from the Competent Authorities for the development of the Project and the Authority shall in no way be liable for the same. Responsibility of getting all necessary approvals pertaining to recover the User Charges in compliance temporary construction, setting up of furniture, fixtures and interior lies with the requirements Concessionaire. Nevertheless, the Authority, without any binding obligation may provide any assistance upon written request from the Concessionaire on best effort basis;
i. to arrange Clearances from the Competent Authorities for removal of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authoritiesexisting trees, if any, from the Project Site to the extent necessary for the Project or any of its components;
j. to exercise such other rights as the Authority may determine being necessary or desirable for the purposes incidental and Good Industry Practice in this behalf necessary for operating, & maintaining the Project; and
ix. make timely payments k. to the Authority in accordance with the terms bear and pay all expenses, costs and charges incurred for fulfillment of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations as set out under and in accordance with this Agreement. Nothing contained hereinabove, Carry out such other activities incidental including the act of granting permission to operate and maintain the foregoing Project at the designated Project Site shall vest or proper create any proprietary interest in the Project/Project Land or desirable for any part thereof including any temporary or permanent fixtures, fittings etc. installed in the safe, efficient and economic implementation and operations Project in favor of the Concessionaire or any person claiming through or under the Concessionaire. The Concessionaire shall not in any manner sell, transfer, assign, mortgage, charge, create lien or otherwise encumber or deal with the Project/Project Land in any manner whatsoever. The Concessionaire acknowledges, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all accepts and confirms that the rights, powers, privileges, Concessions and entitlements as set forth in covenant contained herein is an essence of this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) 3.1.1 Subject to and in accordance with the terms and conditions set forth in provisions of this Agreement, the Applicable Laws, the terms of Applicable Permits, Permits and Good Industry Practice, the Authority hereby grants to the Concessionaire, Concessionaire and the Concessionaire hereby accepts the exclusive right, license and authority to plan, develop, [design,] engineer, monitor, procure, finance, equip, operate, maintain and Concession to undertakemanage] the Project at the Site (the “Concession”) and provide Services for a period of [●]9 years (or early termination by a Termination Notice in accordance with this Agreement), during commencing from the Appointed Date and ending on the Transfer Date (the “Concession Period”), the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation which includes construction and maintenance up gradation of the Project Facilities at the Site and to exercise and and/or enjoy the rights, powerspower, privileges, Concessions privileges and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
(b) 3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire Concessionaire, during the Concession Period to:
i. make at its cost (a) Right of Way, access and expense such development and improvements in license to the Site as may be necessary for the purpose of and to implement the Project extent conferred by the provisions of this Agreement;
(b) plan, [design,] develop, procure, finance, upgrade, equip, operate, maintain and establish manage the Project Facilities thereat subject as per the terms and conditions of this Agreement including Specifications and Standards, Applicable Laws, Applicable Permits, terms of Clearances, Good Industry Practice, Good Clinical Practice and Good Healthcare Practice and transfer the same to the Authority or its nominated agency on the expiry or the prior termination of the Concession Period;
(c) perform and fulfill all of the Concessionaire‟s obligations in accordance with this Agreement including Specifications and Standards, Applicable Laws, Applicable Permits, terms of Clearances, Good Industry Practice, Good Clinical Practice and Good Healthcare Practice;
(d) on and from the Commercial Operation Date and until the Transfer Date, the Concessionaire shall have the right to demand, charge, collect, retain, appropriate and periodically revise the User Charges in accordance with the provisions of this Agreement;
ii. Develop, finance, design, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 1 contract
Samples: Public Private Partnership Agreement
Grant of Concession. (a) Subject to and in 3.1.1. In accordance with the terms and conditions set forth in provisions of this Concession Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and Concessionaire the Concessionaire hereby accepts the non- exclusive right, authority permission, leave and Concession to undertakeconcession rights in respect of the Project Facility, free of any Encumbrances, for the implementation of the Project during the Concession PeriodPeriod and, for the developmentpurposes permitted under this Agreement, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement for no other purpose whatsoever (collectively hereinafter the “Concession”)and Concession”); and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. For avoidance of doubt, it is clarified that at all times the Authority shall have the absolute, unencumbered legal ownership rights in respect of the Project Facility and the Project Site and the Concessionaire shall only be entitled to exercise its Concession rights and/or operate and maintain the Project Facility in Good Working Condition till the expiry or earlier termination of the Concession Period.
(b) 3.1.2. Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost and expense such development and improvements in the Site as may be necessary a. Non-exclusive access, to implement the Project and establish the Project Facilities thereat subject to and in accordance with the provisions of this Agreement;
ii. Develop, finance, design, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereofand Project Facility;
b. Refurbish, including plans for construction thereon for such uses operate, maintain and purposes as permitted under this Agreement; and
iv. Operate and maintain manage the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with Facility as per the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease RentalConcession Agreement;
x. c. Bear and pay all costs, expenses and charges in connection with or incidental to the performance of the obligations of the Concessionaire under this Concession Agreement;
d. Perform and fulfill fulfil all of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not e. Neither assign, transfer or sublet or part with or create any Encumbrances lien or Encumbrance on this Agreement and/or Project Site and/or Project Facility ,or the Concession hereby granted or on the whole or any part of the Project Site Facility nor transfer, lease or part possession thereof, save and except as expressly permitted under by this Agreement; provided that nothing ;
3.1.3. Notwithstanding anything to the contrary contained herein herein, it is hereby clearly understood, agreed, confirmed and recorded between the Parties as follows:
i. the legal possession in respect of the Project Facility and Project Site shall continue to vest in the Authority and the Concessionaire shall only be construed entitled to non-exclusive Concession to undertake the implementation of the Project in terms hereof and shall not be entitled to use of the Project Site and/or the Project Facility for any purpose other than those expressly permitted in terms hereof;
ii. the grant of Concession in terms hereof shall not vest or interpreted as restricting create any proprietary interest in the right Project Facility or any part thereof in favour of the Concessionaire to appoint Contractorsor any other person claiming under the Concessionaire;
iii. The Concessionaire shall not in any manner sell, to enter into Contractual Arrangementstransfer, assign, mortgage, charge, create any lien or otherwise create encumbrance in respect of the Project Facility and Project Site, or assign or transfer this Concession Agreement in favour of any person at any time and for any reason whatsoever; save and except as otherwise provided in terms of the Concession.
3.1.4. The Concessionaire acknowledges, accepts and confirms that the covenant contained herein forms the essence of this Agreement and shall duly bind the Concessionaire and/or any person claiming under it.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) 3.1 The Concession
3.1.1 Subject to and in accordance with the terms and conditions set forth in provisions of this Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and Concessionaire the Concessionaire hereby accepts concession set forth herein including the exclusive right, lease, licence and authority to construct, operate and Concession to undertake, during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of maintain the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and Concession”) for a period of 30 (thirty) years commencing from the Appointed Date, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. Prior to the expiry of 30 years from Appointed Date, the Concessionaire shall have the right to extend the term hereof by a written notice for an additional term of 30 years on the same terms and conditions as contained herein, subject to the following:
(i) No Concessionaire Event of Default, has occurred during the preceding five (5) years prior to the 25th year from the Appointed Date; and
(ii) Such right of extension being exercised prior to the 25th anniversary of the Appointed Date, but not earlier than six (6) months prior to the 25th anniversary of the Appointed Date. Provided however, if Concessionaire Event of Default occurs at any time from the time of exercise by Concessionaire of right of extension, until 30th anniversary of the Appointed Date Date, then Concessionaire right of extension of an additional term of 30 years shall lapse unless otherwise agreed by Authority.
(b) 3.1.2 Subject to and in accordance with the provisions of this AgreementAgreement and Applicable Laws, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost a. all the rights, powers, benefits, privileges, concessions and expense such development entitlements, Right of Way, access, lease under the Land Lease Agreement and improvements in license to the Site as may be necessary for the purpose of and to implement the Project and establish the Project Facilities thereat subject to and in accordance with extent conferred by the provisions of this Agreement;
ii. Develop, b. finance, design, develop, construct, marketoperate, manage, administer, operate maintain and maintain manage the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project Medical Facility and regulate the use thereof by Third Parties in accordance with third parties as per the provisions terms and conditions of this Agreement including Specifications and Applicable Laws;
v. DetermineStandards, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments and transfer the same to the Authority or its nominated agency on the Transfer Date;
c. procurement and installation of Hospital Equipment and Medical College Equipment and ensure its upgradation and replacement from time to time in terms of Good Industry Practice.
d. utilize the Grant amount disbursed by the Authority only for development of the Medical Facility subject to and in accordance with terms hereof;
e. determine, demand, collect and appropriate Fee from Patients (excluding Select Patients in respect of whom Authority shall reimburse the fee in terms herein) for using the Hospital and refuse entry of any Patient if the Fee due is not paid;
f. admit Students and, demand, collect and appropriate Tuition Fee from Students liable for payment of Tuition Fee for using the Medical College, subject to and in accordance with Applicable Laws and provisions of this Agreement towards, interalia, the Revenue Share and the Annual Lease RentalAgreement;
x. Perform g. perform and fulfill fulfil all of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental including making available the Select Beds to Select Patients and admit the Select Students to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the ProjectMedical College, in accordance with terms herein and Applicable Laws & Good Industry PracticeLaw including the provisions of Schedule S herein;
xi. Exercise and/or enjoy h. determine, demand, collect and appropriate all the rightsand any other fees or amounts from Patients, powers, privileges, Concessions Students and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title other users of the Site Medical Facility including any hostel fees, subsistence fees or any of the whole or part thereof other amounts [except capitation fees], subject to and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions terms hereof.
(d) The i. bear and pay all costs, expenses and charges in connection with or incidental to the performance of the obligations of the Concessionaire is not authorised and shall not under this Agreement; and
j. neither assign, transfer or sublet or part with or create any Encumbrances lien or Encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Project Site Medical Facility nor transfer, lease or part possession thereof, save and except as expressly permitted under by this Agreement; provided that nothing contained .
k. Subject to Applicable Laws, Procure prior approval of State Committee on the Tuition Fee proposed to be charged to the market Students (i.e students other than Select Students) in accordance with terms herein shall including the mechanism and parameters set out in Schedule O hereof.
l. transfer the Project Site along with the Project Assets to the Authority or its duly nominated agency, on the Transfer Date.
m. set all standards and frame and apply all internal policies, guidelines and procedures as may be construed appropriate for safety, security, development, management, operation or interpreted as restricting the right maintenance of the Project and the Site, subject only to the terms of this Agreement and in accordance with Applicable Laws and Good Industry Practice.
n. pay Revenue Share to the Authority in accordance with the provisions of Clause 28A;
o. do all things incidental or related thereto or which the Concessionaire considers desirable and appropriate to appoint Contractors, to enter into Contractual Arrangementsbe carried out in connection therewith during the Concession Period.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. 3.1.1 Subject to and in accordance with the terms and conditions set forth in this Agreement, the Authority hereby grants to the Concessionaire and the Concessionaire hereby accepts the Concession for a period of 30 (athirty) years (the “Concession Period”) commencing from the Compliance Date.
3.1.2 Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and the Concessionaire hereby accepts undertakes:
a. to develop and implement the exclusive rightProject as per the Scope of Work as mentioned in Article 2 and Schedule III of the Concession Agreement;
b. to enjoy complete and uninterrupted access and Right of Way and right to use the Project Site in pursuance of the declaration of license granted in favour of the Concessionaire by the Authority;
c. to have access and liberty to complete, authority maintain and Concession to undertake, operate the Project Facilities during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
(b) Subject to and Period in accordance with the provisions of this Agreement, Concession Agreement & Schedules hereof. Any construction or development done by the Concessionaire in form of any structures or fixtures on the Project Site in respect of the Project shall be deemed to be the property of the Authority and the Concessionaire relinquishes all its rights in such property in favour of the Authority;
d. to enjoy exclusive right and authority to carry out the activities in relation to the Circuit House strictly as specified in the Concession granted herein includes, subject Agreement during the Concession Period;
e. To sub-license the use of the Project to the provisions hereofvendors and thereupon determine, shall oblige or entitle (as demand, levy, collect, enforce, retain and appropriate charges periodically and revise the case may be) the Concessionaire to:
i. make at its cost and expense such development and improvements in the Site as may be necessary to implement the Project and establish the Project Facilities thereat subject to and in accordance with the provisions of this Agreement;
ii. Develop, finance, design, construct, market, manage, administer, operate and maintain the Project Facilities same in conformity with the Specifications prevailing market rates. Within the limitations of statutory provisions of the Applicable Laws and Standards set forth in AppendixGood Industry Practice, the Concessionaire shall make all the efforts to maximize the earnings from the associated operations and to keep the Authority informed of actions taken and results thereof;
iii. To apply forf. to manage, procure & maintain operate and exercise rights over all requisite Applicable Permits for the development or any part of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under Assets without limitation or restriction other than those expressly set out in this Concession Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation g. to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of fulfill its obligations under this Agreement, carrying on undertake activities either by itself or through subcontracting arrangements and to appoint contractors, subcontractors (the “Subcontractor(s)”), agents, advisors and consultants without in any way relieving the Concessionaire of its business of implementing, constructing, managing, marketing, operating and/or maintaining the Projectobligations as set out in this Agreement;
viii. exercise h. to arrange for all rights and remedies available under the Applicable Laws Permits and Clearances from the Competent Authorities for the development of the Project and the Authority shall in no way be liable for the same. Responsibility of getting all necessary approvals pertaining to recover the User Charges in compliance construction, demolition and reconstruction lies with the requirements Concessionaire. Nevertheless, the Authority, without any binding obligation may provide any assistance upon written request from the Concessionaire on best effort basis;
i. to arrange Clearances from the Competent Authorities for removal of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authoritiesexisting trees, if any, from the Project Site to the extent necessary for the Project or any of its components;
j. to exercise such other rights as the Authority may determine being necessary or desirable for the purposes incidental and Good Industry Practice in this behalf necessary for completing, developing, operating, & maintaining the Project; and
ix. make timely payments k. to the Authority in accordance with the terms bear and pay all expenses, costs and charges incurred for fulfillment of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations as set out under and in accordance with this Agreement. Nothing contained hereinabove, Carry out such other activities incidental including the act of granting permission to complete the foregoing Project at the designated Project Site shall vest or proper create any proprietary interest in the Project/Project Land or desirable for any part thereof including any permanent fixtures, fittings etc. installed in the safe, efficient and economic implementation and operations Project in favor of the Concessionaire or any person claiming through or under the Concessionaire. The Concessionaire shall not in any manner sell, transfer, assign, mortgage, charge, create lien or otherwise encumber or deal with the Project/Project Land in any manner whatsoever. The Concessionaire acknowledges, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all accepts and confirms that the rights, powers, privileges, Concessions and entitlements as set forth in covenant contained herein is an essence of this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) 3.1.1 Subject to and in accordance with the terms and conditions set forth in provisions of this Concession Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and the Concessionaire hereby accepts the exclusive right, authority permission, leave and Concession to undertakeconcession rights in respect of the Project Site free of any Encumbrances, for the implementation of the Project during the Concession PeriodPeriod and, for the developmentpurposes permitted under this Agreement, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement for no other purpose whatsoever (collectively hereinafter the “Concession”)and Concession”); and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. For avoidance of doubt, it is clarified that at all times the Hospital Authority shall have the absolute, unencumbered legal ownership rights in respect of the Project Site and the Concessionaire shall only be entitled to exercise its Concession rights and/or operate, maintain, and manage the Dialysis Centre in Good Working Condition till the expiry or earlier termination of the Concession Period.
(b) 3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost (i) Right of Way, access and expense such development and improvements in the Site as may be necessary license, to implement the Project Site for the purpose of and establish to the Project Facilities thereat subject to and in accordance with extent conferred by the provisions of this Agreement;
(ii. Develop) Plan design, develop, build, procure, finance, designinstall, constructoperate, marketmaintain, manage, administer, operate manage and maintain transfer the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site Facility as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with per the terms of this Concession Agreement towardsincluding Specifications and Standards, interaliaApplicable Laws, Applicable Permits, terms of clearances, Good Industry Practice, and transfer the Revenue Share and same to the Annual Lease RentalAuthority or its nominated agency on the expiry or the prior termination of the Concession Period;
x. (iii) Perform and fulfill fulfil all of the Concessionaire’s obligations under and in accordance with this Concession Agreement including Operational Specification as mentioned under SOP of this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safeApplicable Laws, efficient and economic implementation and operations Applicable Permits, terms of the Projectclearances, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all (iv) On and from the rightsdate of commissioning and until the Transfer Date, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The the Concessionaire has no shall have the right to sell or mortgage receive Operational Payment from the title of Authority for providing the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets Dialysis Services to the Authority or its nominated agency patients at the Hospital in accordance with the provisions hereof.of this Agreement;
(dv) The Concessionaire is not authorised and shall not Neither assign, transfer or sublet or part with or create any Encumbrances lien or Encumbrance on this Concession Agreement and/or Project Site, or the Concession hereby granted or on the whole or any part of the Project Site Facility nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement.
(vi) The Concessionaire shall not be allowed to carry out any structural modifications in the Hospital Site. However, the Concessionaire shall be allowed to make furnishing and painting of the premises if it so desires at its own cost.
(vii) The Concessionaire shall not without the prior written consent or approval of the Hospital Authority use the Hospital Site for any purpose other than for the purpose of the Dialysis Services and purposes incidental or necessary thereto.
(viii) Provide the Dialysis Services to the patients as per Good Industry Practice and in accordance with the provisions of this Agreement;
(ix) have exclusive right and authority, during the Concession Period, to provide the Dialysis Services to the patients in accordance with the provisions of this Agreement including Specifications and Standards, Applicable Laws, Applicable Permits, terms of clearances, Good Industry Practice, Good Clinical Practice and Good Healthcare Practice;
(x) Bear and pay all costs, expenses and charges in connection with or incidental to the performance of the obligations of the Concessionaire under this Agreement;
(xi) Exercise such other rights and obligations as the Authority may determine as being necessary or desirable for the purpose incidental and necessary for implementing the Project; and
(xii) Access the common areas, facilities, and infrastructure at the hospital, as long as such right to access is limited to the extent that it is required for delivery of the Dialysis Services.
3.1.3 Upon the termination of this Agreement, either due to expiry of the Concession Period or due to any other reason, the Concessionaire shall comply with obligations provided that nothing in Clause 12.7 of this Agreement.
3.1.4 Notwithstanding anything to the contrary contained herein herein, it is xxxxxx clearly understood, agreed, confirmed, and recorded between the Parties as follows:
a. the grant of Concession in terms hereof shall be construed not vest or interpreted as restricting create any proprietary interest in the right Project Site or any part thereof in favour of the Concessionaire to appoint Contractorsor any other person claiming under the Concessionaire;
b. The Concessionaire shall not in any manner sell, to enter into Contractual Arrangementstransfer, assign, mortgage, charge, create any lien or otherwise create encumbrance in respect of the Project Site, or assign or transfer this Concession Agreement in favour of any person at any time and for any reason whatsoever; save and except as otherwise provided in terms of the Concession.
3.1.5 The Concessionaire acknowledges, accepts, and confirms that the covenant contained herein forms the essence of this Agreement and shall duly bind the Concessionaire and/or any person claiming under it.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, the terms of Applicable Permits, and Good Industry Practice, the Concessioning Authority hereby grants to the Concessionaire, and the Concessionaire hereby accepts the exclusive right, authority and Concession to undertake, during the Concession Period, Period to undertake the development, design, engineering, financing, procurement, construction, completion, commissioning, implementation, marketing, management, administration and operation and maintenance of the Project Facilities at the Site Project Location enumerated at Appendix I, on the commercial format, and exercise and and/or enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth hereinConcession”).
(b) Subject to and in accordance with the provisions of this Agreement, the The Concession granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) exclusive right of the Concessionaire to:
i. hold, occupy, enter upon and use the Project Location for implementing the Project, establishing the Project Facilities and executing the Works and to make at its cost and expense such development development, construction and improvements in the Site therein or thereon as may be necessary or appropriate to implement the Project and establish the Project Facilities thereat subject to and in accordance with the provisions of this Agreement;
ii. Develop, finance, design, construct, market, manage, administer, operate and maintain letting out spaces at the Project Location and/or Project Facilities in conformity for advertisement’s / Optional Facilities through licensing, franchising, management service, sub-contracting or other suitable arrangements on mutually agreed market driven conditions (“Contractual Arrangements”) with the Specifications and Standards set forth in Appendixany Persons of its choice;
iii. To apply fordetermine, procure & maintain all requisite Applicable Permits revise, charge, demand, collect, recover, retain and appropriate, the Tariff at market driven rates from the ’persons desirous of utilizing the space at the Project Facilities for the development display of Project advertisements or installation of Commercial Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreementwithin Public Amenities Centre; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project.
v. The Concessionaire shall take note of the agreement entered by the Concessioning Authority for FOB, There is one FOB located at Chainage 1125 near Infosys Campus & ISB main entrance which was developed on PPP mode and commenced in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions year 2013 and entitlements as set forth in this Agreementvalid for 20 years.
(c) The Concessionaire has no above relevant extract of the concessionaire agreement executed for FOB’s Project is as below “ In order to protect sustainability of the subject five projects under this RFP (at Mind space junction, Cyber Gateway, Inorbit Mall, ISB and ICICI Bank towers) and the rights of the selected developers , APIIC (TSIIC) - IALA shall not award any new project with advertisement rights including FOB’s, Bus shelters, Unipoles, Hoardings, Gantries etc. across the road or any one side of the road corridor falling within 500 meters (at least) distance from the five subject project locations on all the road corridor directions and within the jurisdiction of APIIC. In case if, APIIC (TSIIC) IALA desires to award public utility projects with advertisement rights, the selected developer of any one of the five project locations awarded through this RFP and nearest(by road) to the newly proposed project shall have the first right of refusal – provide the authorisee with the right to sell or mortgage match and accept the title price and terms of the Site or any highest bid/ prospective preferred bidder that is obtained by the grantor through a competitive bidding process for awarding the new project location. If the authorisee matches and accepts the price and terms of the whole or part thereof highest bid/ prospective preferred bidder, then the project shall be awarded to the authorisee as per the RFP conditions of the project. If the Authorisee fails to match the highest bidder, then it will be awarded to the prospective preferred bidder.”
(d) TSIIC Shall adhere to the above clause of the agreement and it FIRST RIGHT of REFUSAL conditions as mentioned in the Concession agreement is applicable for this Project.
(e) The Concessionaire shall, on the Transfer datedate of issuance of Vesting Certificate by the Expert Committee, transfer and hand over the Site along with the Project, Project Facilities and the Project Assets to the Concessioning Authority or its nominated agency in accordance with the provisions hereof.
(df) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site Location, Project Assets, Project Facilities save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual ArrangementsArrangements and to assign its rights here under and create a security interest in favour of the Lenders in accordance with the provisions of this Agreement.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) 3.1.1. Subject to and in accordance with the terms and conditions set forth in provisions of this Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry Practice, the Contracting Authority hereby grants to the Concessionaire, and Concessionaire the Concessionaire hereby accepts concession set forth herein including the exclusive right, license and authority to demand, collect toll fee, operate, manage and Concession maintain the Project Highway (the "Concession") subject to undertakeand in accordance with terms hereof, during for a period of xxxx years12 commencing from the Appointed Date (the "Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation ") and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
3.1.2. Notwithstanding anything to the contrary in this Agreement, the Parties expressly agree that the Concession Period shall not be renewed for more than 10 (b) ten)13 years on any account or for any reason whatsoever. For the avoidance of doubt, the Concessionaire accepts the Site on an ‘as is’ basis and confirms that it will not make any claim against the Contracting Authority or default in fulfilling its obligations under this Agreement due to the state of the Project Assets14.
3.1.3. Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost a. Right of Way, access and expense such development and improvements in license to the Site as may be necessary for the purpose of and to implement the Project and establish the Project Facilities thereat subject to and in accordance with extent conferred by the provisions of this Agreement;
ii. Develop, finance, design, construct, market, b. manage, administer, operate and maintain the Project Facilities in conformity with the Specifications Highway and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate supervise the use thereof by Third Parties third parties in accordance with the provisions of this Agreement and Applicable Lawsterms hereof;
v. Determine, demand, revise, charge, collect, retain c. demand and appropriate User Chargescollect toll fees from vehicles and Users liable for payment of the fee for using the Project Highway or any part thereof and refuse entry of any vehicle if the fee due is not paid;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights d. perform and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill fulfil all of the Concessionaire’s 's obligations under and in accordance with this Agreement;
e. bear and pay all costs, Carry out such other activities expenses and charges in connection with or incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations performance of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all obligations of the rights, powers, privileges, Concessions and entitlements as set forth in Concessionaire under this Agreement.; and 11 Is this ok? 12 Concession period TBD 13 Number of years it cannot be increased by still TBD 14 Does this suffice or how can this be better reflected in the document?
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not f. neither assign, transfer or transfer, sublet or part with or create any Encumbrances lien or encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Project Site Highway nor transfer, lease or part possession thereof, save and except as expressly permitted under by this Agreement; provided that nothing contained herein .
3.1.4. The provisions in relation to the Escrow Account15 in this Agreement shall only be construed or interpreted as restricting applicable if the right obligations of the Concessionaire to appoint Contractors, to enter into Contractual Arrangementsunder this Agreement are financed by the Lenders.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) Subject to and in 3.1.1. In accordance with the terms and conditions set forth in provisions of this Concession Agreement, the Applicable Laws, the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and Concessionaire the Concessionaire hereby accepts the non- exclusive right, authority permission, leave and Concession to undertakeconcession rights in respect of the Project Facility, free of any Encumbrances, for the Project during the Concession PeriodPeriod and, for the developmentpurposes permitted under this Agreement, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement for no other purpose whatsoever (collectively hereinafter the “Concession”)and Concession”); and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. For avoidance of doubt, it is clarified that at all times the Authority shall have the absolute, unencumbered legal ownership rights in respect of the Project Facility and the Project Site and the Concessionaire shall only be entitled to exercise its Concession rights and/or operate and maintain the Project Facility in Good Working Condition till the expiry or earlier termination of the Concession Period.
(b) 3.1.2. Subject to and in accordance with the provisions of this Agreement, the Concession here by granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost and expense such development and improvements in the Site as may be necessary a. Non-exclusive access, to implement the Project and establish the Project Facilities thereat subject to and in accordance with the provisions of this Agreement;
ii. Develop, finance, design, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereofand Project Facility
b. Operate, including plans for construction thereon for such uses maintain and purposes as permitted under this Agreement; and
iv. Operate and maintain manage the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with Facility as per the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease RentalConcession Agreement;
x. c. Bear and pay all costs, expenses and charges in connection with or incidental to the performance of the obligations of the Concessionaire under this Concession Agreement;
d. Perform and fulfill fulfil all of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not e. Neither assign, transfer or sublet or part with or create any Encumbrances lien or Encumbrance on this Agreement and/or Project Site and/or Project Facility and/or School, or the Concession hereby granted or on the whole or any part of the Project Site Facility nor transfer, lease or part possession thereof, save and except as expressly permitted under by this Agreement; provided that nothing .
3.1.3. Notwithstanding anything to the contrary contained herein herein, it is hereby clearly understood, agreed, confirmed and recorded between the Parties as follows:
i. the legal possession in respect of the Project Facility and Project Site shall continue to vest in the Authority and the Concessionaire shall only be construed entitled to non-exclusive Concession to undertake the implementation of the Project in terms hereof and shall not be entitled to use of the Project Site and Project
ii. the grant of Concession in terms hereof shall not vest or interpreted as restricting create any proprietary interest in the right Project Facility or any part thereof in favour of the Concessionaire to appoint Contractorsor any other person claiming under the Concessionaire;
iii. The Concessionaire shall not in any manner sell, to enter into Contractual Arrangementstransfer, assign, mortgage, charge, create any lien or otherwise create encumbrance in respect of the Project Facility and Project Site, or assign or transfer this Concession Agreement in favour of any person at any time and for any reason whatsoever; save and except as otherwise provided in terms of the Concession.
3.1.4. The Concessionaire acknowledges, accepts and confirms that the covenant contained herein forms the essence of this Agreement and shall duly bind the Concessionaire and/or any person claiming under it.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. 3.1 The Concession (a) “Concession”)
3.1.1 Subject to and in accordance with the terms and conditions set forth in this Concession Agreement, the Applicable Laws, the terms of Applicable Permits, and Good Industry Practice, the Concessioning Authority hereby grants to the Concessionaire, Concessionaire and the Concessionaire hereby accepts the Concession for a period of 60 (Sixty) years, commencing from the Appointed Date, including the exclusive right, license, authority and Concession authorization during the subsistence of this Agreement, including extension thereof, to undertakedesign, build, finance, operate, maintain and manage the Project during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
(b) 3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost a) Right of way, access and expense such development and improvements in license to the Site as may be necessary for the purpose of and to implement the Project and establish the Project Facilities thereat subject to and in accordance with extent conferred by the provisions of this Agreement;
ii. Develop, finance, b) design, construct, market, finance and construct the Project Facilities;
c) manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Lawsthird parties;
v. Determine, d) demand, revise, charge, collect, retain collect and appropriate User ChargesProject Revenues from guests and users, liable for payment of Commercial Charge, for using the Project Facilities or any part thereof and refuse entry of guests if the Commercial Charges due is not paid;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights e) perform and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill fulfil all of the Concessionaire’s 's obligations under and in accordance with this Agreement;
f) bear and pay all costs, Carry out such other activities expenses and charges in connection with or incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations performance of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all obligations of the rights, powers, privileges, Concessions and entitlements as set forth in Concessionaire under this Agreement.; and
(cg) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not neither assign, transfer or sublet or part with sublet, or create any Encumbrances lien or Encumbrance on this Agreement, or on the Concession hereby granted, or on the whole or any part of the Project; nor transfer, or part with the possession of the Project Site thereof, save and except as expressly permitted by this Agreement or the Substitution Agreement;
h) to enter into sub-contracts, joint development agreement, development management agreements, sub lease or any other kind of arrangements with regards to design, planning, construction, implementation or operations and maintenance of Project Facilities during the term of the Agreement and in a way that does not contravene any of the underlying terms of the Concession under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) Subject On and from the Effective Date and subject to the terms of this Agreement, Applicable Laws and Applicable Permits, the Jal Xxxxx grants to the Concessionaire the exclusive right to:
(i) design, finance, construct, rehabilitate and complete the Mirzapur Facilities;
(ii) restore and rehabilitate the Existing Facilities;
(iii) operate and maintain the Existing Facilities;
(iv) upon completion of construction/rehabilitation of the Mirzapur Facilities, operate and maintain the Mirzapur Facilities from the relevant COD and the Mirzapur Handover Date until the Expiry Date subject to early termination of this Agreement.
(b) The grant of the concession set out in Clause 2.2(a) shall oblige or entitle the Concessionaire, as the case may be, to the following:
(i) access to the Mirzapur Site from the Effective Date, for the sole purpose of implementing the Project;
(ii) operate and maintain the Existing Mirzapur STP from the Effective Date until the Expiry Date. It is clarified that while the Concessionaire's obligation to operate and maintain the Existing Mirzapur STP will commence from the Effective Date, the Concessionaire's right to receive the relevant O&M Charges will commence from the relevant COD. However, the Concessionaire must operate and maintain the Existing Facilities in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, the terms of Applicable Permits, and Good Industry PracticePractices during the relevant Construction Period, to ensure compliance with the Authority hereby grants Guaranteed Interim Availability;
(iii) apply for and obtain all the Concessionaire Applicable Permits and utilities required to undertake the Project;
(iv) raise funds (through both debt and equity financing) to finance 60% of the Aggregate Bid Project Cost;
(v) complete the construction and rehabilitation of the Mirzapur Facilities on or before the Scheduled Mirzapur Construction Completion Date;
(vi) upon achieving the Mirzapur Construction Completion Date undertake Trial Operations in respect of the Mirzapur Facilities;
(vii) upon successful completion of the construction/rehabilitation of the Mirzapur Facilities as evidenced by issuance of the relevant COD certificate, operate and maintain the Mirzapur Facilities until the Expiry Date;
(viii) receive, convey, handle and treat Sewage up to the ConcessionaireDesign Capacity of each Mirzapur STP;
(ix) treat, market, sell or dispose of the STP By-Products, and the Concessionaire hereby accepts the exclusive right, authority and Concession to undertake, during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project Treated Effluent subject to and in accordance with the terms and conditions set forth herein.this Agreement;
(bx) Subject transfer the Facilities to and the Jal Xxxxx upon the expiry of the Term or termination of this Agreement, after rectification of any defects in the Facilities, in accordance with the provisions of this AgreementHand-back Conditions and the Hand-back Requirements;
(xi) receive the Mirzapur Construction Payments during the Mirzapur Construction Period, and the Concession granted herein includesrelevant O&M Payments during the O&M Period, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost and expense such development and improvements in the Site as may be necessary to implement the Project and establish the Project Facilities thereat subject to and in accordance compliance with the provisions terms and performance of the obligations under this Agreement;
ii. Develop(xii) appoint Subcontractors, financeagents, designadvisors and consultants and enter into Subcontracts to undertake the Project, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for prior approval of the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this AgreementJal Xxxxx; and
iv. Operate (xiii) [construct a biogas Power Plant or a solar rooftop power plant, at its sole option and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.discretion.]5
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) The Concession Subject to and in accordance with the terms and conditions set forth in provisions of this Agreement, the Applicable Laws, the terms of Laws and Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and the Concessionaire hereby accepts concession set forth herein including the exclusive right, license and authority and Concession to undertake, during the Concession Period, the development, design, engineeringconstruct, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation operate and maintenance of maintain the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and Concession”) for a period of < To be Inserted> years commencing from the Appointed Date, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
. The aforesaid Concession Period is inclusive of the Construction Period. The Concessionaire shall be responsible for the development, operation and maintenance of the Bus Terminal along with associated amenities & facilities and Commercial Complex for the entire Concession Period of < To be Inserted> years in accordance with the Concession Agreement. The manpower for facilities such as Police Outpost, Time Keeper Office, Terminal Office, TNSTC Office shall be provided by respective departments/ agencies. The operation, queuing, routing and regulation of buses inside the Bus Terminal shall be carried out by Tamil Nadu State Transport Corporation (b) TNSTC). The Bus Adda Fees, if any shall be collected and retained by the Authority. For avoidance of any doubt, the responsibility of the Concessionaire shall be limited to Civil Infrastructure pertaining to bus terminal operations. Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost : Right of Way, access and expense such development and improvements in license to the Site as may be necessary for the purpose of and to implement the Project and establish the Project Facilities thereat subject to and in accordance with extent conferred by the provisions of this Agreement;
ii. Develop, finance; liberty to plan, design, construct, market, finance and construct the Project; manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, third parties; demand, revise, charge, collect, retain collect and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to Fee from Users liable for payment of such User Fee for using the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging or any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf part thereof; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement; save as otherwise expressly provided in this Agreement, Carry out such other activities bear and pay all costs, expenses and charges in connection with or incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations performance of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all obligations of the rights, powers, privileges, Concessions and entitlements as set forth in Concessionaire under this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof ; and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not neither assign, transfer or sublet or part with or create any Encumbrances lien or encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Project Site nor transfer, lease or part possession thereof, save and except as expressly permitted under by this Agreement or the Substitution Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.. CONDITIONS PRECEDENT
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) 3.1.1 Subject to and in accordance with the terms and conditions set forth in provisions of this Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry Practice, the Authority ULB hereby grants to the Concessionaire, and Concessionaire the Concessionaire hereby accepts concession set forth herein including the exclusive right, licence and authority to construct, operate and Concession to undertake, during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of maintain the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and Concession”) for a period of 25 (twenty five) years commencing from COD, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.:
(b) 3.1.2 Subject to and in accordance with the provisions of this Agreement, Applicable Laws and Good Industry Practice, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost (a) perform and expense such development and improvements in the Site as may be necessary to implement the Project and establish the Project Facilities thereat subject to and in accordance with the provisions of this Agreement;
ii. Develop, finance, design, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill fulfil all of the Concessionaire’s obligations under and in accordance with this Agreement;
(b) design, Carry out such other activities incidental to the foregoing or proper or desirable for the safeengineer, efficient finance, procure, construct, install, commission, operate and economic implementation and operations maintain each of the Project, in accordance with Applicable Laws & Good Industry PracticeProject Facilities either itself or through such person as may be selected by it;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right bear and pay all costs, expenses and charges in connection with or incidental to sell or mortgage the title performance of the Site or any obligations of the whole Concessionaire under this Agreement;
(d) upon commissioning of the Project Facilities, to manage, operate and maintain the same either itself or part thereof through such person as may be selected by it, provided that the ultimate obligation and it shall, on responsibility for the Transfer date, performance of this Agreement shall continue to vest with the Concessionaire;
(e) transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority ULB at the end of the Concession Period or its nominated agency on Termination, in accordance with the provisions hereof.of this Agreement;
(df) The Concessionaire is borrow or raise money or funding required for the due implementation of the Project and charge or create lien or encumbrance on the whole or part of Movable Project Assets of the Project Facilities except the Site and Landfill Site;
(g) process SW MSW at the Plant, produce energy from Waste to Energy Processing Facility and dispose the process remnants and inert waste as per provisions of this Agreement, SWM Rules 2016 and Applicable Law;
(h) in accordance with the Applicable Law, store, use appropriate, market and sell or dispose all the components/ products of the SW MSW , including but not authorised limited to electricity, methane, RDF, compost and shall not to further retain and appropriate any revenues generated from the sale of such products/ end- products;
(i) obtain the utilities required for enabling the construction of the Project Facilities;
(j) exclusively hold, possess, and control the Site, in accordance with the terms of the Concession Agreement for the purposes of the due implementation of this Project;
(k) neither assign, transfer or sublet or part with sublicense or create any Encumbrances lien or Encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Project Site save and except as expressly permitted under this Agreementnor transfer, sublicense or part possession thereof; provided that nothing contained herein shall be construed or interpreted as restricting the right without permission of the Concessionaire to appoint Contractors, to enter into Contractual ArrangementsULB.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) The Concession Subject to and in accordance with the terms and conditions set forth in provisions of this Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and Concessionaire the Concessionaire hereby accepts concession set forth herein including the exclusive right, license and authority to demand, collect and Concession appropriate Fee, operate, manage and maintain the Project Highway (the “Concession”) subject to undertakeand in accordance with terms hereof, during for a period of 15 (fifteen)1 years commencing from the Appointed Date (the “Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation ”) and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
. Notwithstanding anything to the contrary in this Agreement, the Parties expressly agree that the Concession Period shall not be reduced by more than 5 (bfive) years or shall not be increased by more than 5 (five) years on any account or for any reason whatsoever. Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost : Right of Way, access and expense such development and improvements in license to the Site as may be necessary for the purpose of and to implement the Project and establish the Project Facilities thereat subject to and in accordance with extent conferred by the provisions of this Agreement;
ii. Develop, finance, design, construct, market, ; manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project Highway and regulate the use thereof by Third Parties third parties in accordance with terms hereof; The O&M operations shall be vested with the provisions Concessionaire for the stretches 0/00 – 29/65 from 16.12.2030 and 29/65 – 60/15 from 28.10.2034. However, the Toll Plazas, O&M shall commence from the date of this Agreement and Applicable Laws;
v. Determine, Appointed date/handing over date. demand, revise, charge, collect, retain collect and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to Fee from vehicles and Users liable for payment of Fee for using the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging Highway or any part thereof and refuse entry of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining any vehicle if the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf Fee due is not paid; and
ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement; bear and pay all costs, Carry out such other activities expenses and charges in connection with or incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations performance of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all obligations of the rights, powers, privileges, Concessions and entitlements as set forth in Concessionaire under this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof ; and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not neither assign, transfer or sublet or part with or create any Encumbrances lien or Encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Project Site Highway nor transfer, lease or part possession thereof, save and except as expressly permitted under by this Agreement; provided that nothing contained herein . The provisions in relation to the Escrow Account in this Agreement shall only be construed or interpreted as restricting applicable if the right obligations of the Concessionaire to appoint Contractors, to enter into Contractual Arrangementsunder this Agreement are financed by the Lenders. 1 The Concession Period will be specified by the Authority.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) Subject to and in 3.1.1 In accordance with the terms and conditions set forth in provisions of this Concession Agreement, the Applicable LawsLaws and the Applicable Approvals, the terms of Applicable Permits, and Good Industry Practice, the Authority ADA hereby grants to the Concessionaire, Concessionaire and the Concessionaire hereby accepts accepts, the exclusive right, authority and Concession to undertake, authorization during the Concession Period, the developmentincluding extension thereof, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of to use the Project Facilities at Site to construct, establish, operate, manage and transfer the Site and exercise and enjoy Led Facade under the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement Project (collectively the “Concession”)and Concession”), for a period of 15 years and any extension thereof, commencing from the Effective Date, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. For avoidance of doubt, it is clarified that at all times the Project Site shall be the property of the ADA and the Concessionaire shall maintain the Project Site in good condition till the end of the Concession Period.
(b) 3.1.2 Subject to and in accordance with the provisions of this Concession Agreement, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost (a) enjoy complete and expense such development uninterrupted right of way, access, and improvements in the Site as may be necessary to implement full possession of the Project and establish the Project Facilities thereat subject to and in accordance Site for a period that shall be co-terminus with the provisions of this Concession Agreement;
ii. Develop, finance, design(b) build, construct, market, manage, administeroperate, operate maintain and maintain transfer the Project Facilities in conformity with Led Facade as per the Specifications and Standards set forth in Appendixterms of this Concession Agreement;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities (c) Run Advertisement on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority Led Facade in accordance with the terms of this Concession Agreement towards, interalia, the Revenue Share and the Annual Lease Rental;
x. Perform and fulfill all prevailing guidelines of the Concessionaire’s obligations under and in accordance with this Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practiceconcerned Statutory Authority;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised Levy, collect, retain and shall not assign, transfer or sublet or part with or create any Encumbrances on appropriate advertisement Fees for the whole or any part of Led Facade as specified in clause 14.2 to this Concession Agreement;
(e) maintain and use the Project Site save and except as expressly permitted use such Project Site for carrying out any Digital display/advertisement Related Activities on obtaining a prior approval of the ADA, provided that any revenue generated from such Digital display/advertisement related Activities shall be declared to ADA and such revenue shall be ploughed back for operations of the LED facade by the Concessionaire.
(f) fulfill its obligations under this Concession Agreement; provided that nothing contained herein shall be construed , undertake activities either by itself or interpreted as restricting the right of the Concessionaire through subcontracting arrangements and to appoint Contractors, sub-contractors, agents, advisors and consultants, without in any way discharging or relieving the Concessionaire of its duties and obligations as set out in this Concession Agreement and any liability arising out of appointment of Contractors, sub-contractors, agents, advisors and consultants shall be borne by the Concessionaire;
(g) bear and pay all costs, expenses and charges in connection with or incidental to enter into Contractual Arrangements.the performance of the obligations of the Concessionaire under this Concession Agreement;
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. (a) Subject to and in 3.1.1. In accordance with the terms and conditions set forth in provisions of this Concession Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and Concessionaire the Concessionaire hereby accepts the non- exclusive right, authority permission, leave and Concession to undertakeconcession rights in respect of the Project Site free of any Encumbrances, for the implementation of the Project during the Concession PeriodPeriod and, for the developmentpurposes permitted under this Agreement, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement for no other purpose whatsoever (collectively hereinafter the “Concession”)and Concession”); and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. For avoidance of doubt, it is clarified that at all times the Authority shall have the absolute, unencumbered legal ownership rights in respect of the Project Site (s) and the Concessionaire shall only be entitled to exercise its Concession rights and/or operate, maintain and manage the Project Facilities in Good Working Condition till the expiry or earlier termination of the Concession Period.
(b) 3.1.2. Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted herein includes, subject to the provisions hereof, shall oblige or entitle (as the case may be) the Concessionaire to:
i. make at its cost and expense such development and improvements in the Site as may be necessary a. Non-exclusive access, to implement the Project Site(s);
b. Build, finance, operate, maintain and establish manage the Project Facilities thereat subject to and in accordance with the provisions of this Agreement;
ii. Develop, finance, design, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix;
iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and
iv. Operate and maintain the Project and regulate the use thereof by Third Parties in accordance with the provisions of this Agreement and Applicable Laws;
v. Determine, demand, revise, charge, collect, retain and appropriate User Charges;
vi. Enter into Contractual Arrangements in relation to the Project Facilities;
vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project;
viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and
ix. make timely payments to the Authority in accordance with per the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease RentalConcession Agreement;
x. c. Bear and pay all costs, expenses and charges in connection with or incidental to the performance of the obligations of the Concessionaire under this Concession Agreement;
d. Perform and fulfill fulfil all of the Concessionaire’s obligations under and in accordance with this Concession Agreement, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice;
xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement.
(c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof.
(d) The Concessionaire is not authorised and shall not e. Neither assign, transfer or sublet or part with or create any Encumbrances lien or Encumbrance on this Concession Agreement and/or Project Site (s) and/or Project Facility (s), or the Concession hereby granted or on the whole or any part of the Project Site Facility (s) nor transfer, lease or part possession thereof, save and except as expressly permitted under by this Agreement; provided that nothing ;
3.1.3. Notwithstanding anything to the contrary contained herein herein, it is hereby clearly understood, agreed, confirmed and recorded between the Parties as follows:
a. the legal possession in respect of the Project Site (s) shall continue to vest in the Authority and the Concessionaire shall only be construed entitled to non-exclusive Concession to undertake the implementation of the Project in terms hereof and shall not be entitled to use of the Project Site and/or the Project Facility for any purpose other than those expressly permitted in terms hereof;
b. the grant of Concession in terms hereof shall not vest or interpreted as restricting create any proprietary interest in the right Project Facility/Project Site or any part thereof in favour of the Concessionaire to appoint Contractorsor any other person claiming under the Concessionaire;
c. The Concessionaire shall not in any manner sell, to enter into Contractual Arrangementstransfer, assign, mortgage, charge, create any lien or otherwise create encumbrance in respect of the Project Facility and Project Site, or assign or transfer this Concession Agreement in favour of any person at any time and for any reason whatsoever; save and except as otherwise provided in terms of the Concession.
3.1.4. The Concessionaire acknowledges, accepts and confirms that the covenant contained herein forms the essence of this Agreement and shall duly bind the Concessionaire and/or any person claiming under it.
Appears in 1 contract
Samples: Concession Agreement