Grant of Concession. 3.1. Subject to and in accordance with the terms and conditions set forth in this Agreement, theAuthority hereby grants to the Concessionaire and the Concessionaire hereby accepts the Concession for a period of 10 (ten) years, i.e.3,652 (three thousand six hundred and fiftytwo only) days commencing from the Effective Date and ending on the Expiry Date (the “Concession Period”), including the license and authority during the subsistence of this Agreement to implement the Project and the Concession in respect of the Project. 3.2. Subject to and in accordance with the terms and conditions set forth in this Agreement, the Agreement hereby granted shall oblige the Concessionaire to undertake the following in accordance with the provisions of this Agreement, the Applicable Laws and Applicable Permits: a) To design, and construct Project Facilities in accordance with this Agreement; b) To provide services to Users within the Service Area as stipulated in Clause 2.2.1; c) To investigate, study, design, engineer, procure, construct, operate and maintain the Project Facilities in accordance with this Agreement and / or enjoy the rights, powers, benefits, privileges, authorizations and entitlements as set forth in this Agreement to provide the services in Service Area (“the Concession”); d) To enter upon and use the Service Area including all rights of way and easements relating to the Project to perform its rights and obligations under this Agreement free of charge, including the right to conduct any kind of work in the streets and other public places of the Service Area, in order to develop the Project Facilities and provide Services to the Service Area during the Concession Period; e) To generate revenueby way of: i. Leasing out advertisement space at She Lounge ii. User charges for smart public toilets; iii. Leasing space for various activities such as ATMs, kiosks, mini-shops at She Lounge; iv. Power generation through solar panels; v. License fee for Wi-Fi hotspot(s) operator; vi. License fee for mobile phone booster tower(s) operator, etc.; f) To fulfill its obligations under this Agreement, the Concessionaire shall have the right to undertake activities either by itself or through subcontracting arrangements which shall be entered into only after obtaining prior written approval of the Authority.; g) To exercise such other rights as the Authority may determine as being necessary or desirable and which it consents to in writing, for the purposes incidental and necessary for the provision of the Services having regard to the needs of the Users; h) To bear and pay all expenses, costs and charges incurred in the fulfillment of all the Concessionaire’s obligations under this Agreement; i) To file first information report with police department regarding unauthorized / illegal connections, damages to the Project Facilities by any Person, etc.; and j) Not to assign or create any lien or Encumbrance on the Contract hereby granted or on the whole or any part of the Project nor transfer, lease or part possession therewith save and except as expressly permitted by this Agreement.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. 3.1. Subject to (a) On and in accordance with the terms and conditions set forth in this Agreement, theAuthority hereby grants to the Concessionaire and the Concessionaire hereby accepts the Concession for a period of 10 (ten) years, i.e.3,652 (three thousand six hundred and fiftytwo only) days commencing from the Effective Date and ending on the Expiry Date (the “Concession Period”), including the license and authority during the subsistence of this Agreement subject to implement the Project and the Concession in respect of the Project.
3.2. Subject to and in accordance with the terms and conditions set forth in this Agreement, the Agreement hereby granted shall oblige the Concessionaire to undertake the following in accordance with the provisions of this Agreement, the Applicable Laws and Applicable Permits, the Jal Xxxxx grants to the Concessionaire the exclusive right to:
a(i) To design, finance, engineer, construct, develop and construct complete the Facilities;
(ii) design, finance, rehabilitate and upgrade the Associated Infrastructure; and
(iii) upon completion of construction of the Facilities and the rehabilitation of the Associated Infrastructure, operate and maintain the Facilities and the Associated Infrastructure during the O&M Period.
(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 Site from the Effective Date, for the sole purpose of implementing the Project;
(ii) apply for and obtain all Applicable Permits and utilities required to undertake the Project;
(iii) raise funds (through both debt and equity financing) to finance 60% of the Bid Project Cost;
(iv) complete the construction of the Facilities and the rehabilitation of the Associated Infrastructure on or before the Scheduled Construction Completion Date;
(v) upon completion of construction of the Facilities and the rehabilitation of the Associated Infrastructure, undertake Trial Operations during the Trial Period;
(vi) upon successful completion of the Trial Operations, operate and maintain the Facilities and the Associated Infrastructure for 15 years;
(vii) receive, treat and process Sewage up to the Design Capacity;
(viii) store, treat, market, sell or dispose of the STP By-Productsand the Treated Effluent in accordance with this Agreement;
b(ix) To provide services transfer the Facilities and the Associated Infrastructure to Users within the Service Area as stipulated Jal Xxxxx upon the expiry of the Term or termination of this Agreement, after rectification of any defects in Clause 2.2.1;
c) To investigatethe Facilities or the Associated Infrastructure, study, design, engineer, procure, construct, operate and maintain the Project Facilities in accordance with this Agreement the Hand-back Conditions and / or enjoy the rights, powers, benefits, privileges, authorizations and entitlements as set forth in this Agreement to provide the services in Service Area (“the Concession”)Hand-back Requirements;
d(x) To enter upon receive the Construction Payments during the Construction Period and use the Service Area including all rights of way O&M Payments during the O&M Period, subject to compliance with the terms and easements relating to the Project to perform its rights and obligations under this Agreement free of charge, including the right to conduct any kind of work in the streets and other public places performance of the Service Area, in order to develop the Project Facilities and provide Services to the Service Area during the Concession Period;
e) To generate revenueby way of:
i. Leasing out advertisement space at She Lounge
ii. User charges for smart public toilets;
iii. Leasing space for various activities such as ATMs, kiosks, mini-shops at She Lounge;
iv. Power generation through solar panels;
v. License fee for Wi-Fi hotspot(s) operator;
vi. License fee for mobile phone booster tower(s) operator, etc.;
f) To fulfill its obligations under this Agreement, the Concessionaire shall have the right to undertake activities either by itself or through subcontracting arrangements which shall be entered into only after obtaining prior written approval of the Authority.;
g) To exercise such other rights as the Authority may determine as being necessary or desirable and which it consents to in writing, for the purposes incidental and necessary for the provision of the Services having regard to the needs of the Users;
h) To bear and pay all expenses, costs and charges incurred in the fulfillment of all the Concessionaire’s obligations under this Agreement;
i(xi) To file first information report appoint Subcontractors, agents, advisors and consultants and enter into Subcontracts to undertake the Project,with police department regarding unauthorized / illegal connections, damages to the Project Facilities by any Person, etc.prior approval of the Jal Xxxxx; and
j(xii) Not to assign or create any lien or Encumbrance on construct a Power Plant at the Contract hereby granted or on the whole or any part of the Project nor transferSite, lease or part possession therewith save at its sole option and except as expressly permitted by this Agreementdiscretion.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. 3.1. Subject Upon the terms and subject to and the conditions of this Agreement, effective at the Time of Closing, (a) the Concessionaire shall pay the University the exact amount of $1,015,000,000 in cash (the “Closing Consideration”) in accordance with Section 2.2(a), (b) the terms University shall (i) demise and conditions set forth lease the Utility System Land and the Utility Facilities to the Concessionaire free and clear of Encumbrances other than Permitted University Encumbrances and on an exclusive basis, other than as expressly provided in this Agreement, theAuthority hereby grants to for and during the Concessionaire and the Concessionaire hereby accepts the Concession for a period of 10 (ten) years, i.e.3,652 (three thousand six hundred and fiftytwo only) days commencing from the Effective Date and ending on the Expiry Date term (the “Concession PeriodTerm”), including ) commencing on the license Closing Date and authority during expiring on the subsistence of this Agreement to implement the Project and the Concession in respect 50th anniversary of the Project.
3.2. Subject Closing Date (or such later date as may be required to and in accordance with the terms and conditions set forth effect a Delay Event Remedy but subject to earlier termination as provided in this Agreement), provided that such demise and lease of the Agreement hereby granted Utility Facilities other than those located on the Utility System Land shall oblige not prevent the University from using, occupying, developing, leasing or otherwise enjoying the real property and the improvements other than the Utility Facilities on which the Utility Facilities are located without the payment of any fee, charge or rent to the Concessionaire, (ii) grant the Concessionaire to undertake a non-exclusive license during the following in accordance with the provisions of this AgreementTerm, the Applicable Laws and Applicable Permits:
a) To design, and construct Project Facilities in accordance with this Agreement;
b) To provide services to Users within the Service Area as stipulated in Clause 2.2.1;
c) To investigate, study, design, engineer, procure, construct, operate and maintain the Project Facilities in accordance with this Agreement and / or enjoy the rights, powers, benefits, privileges, authorizations and entitlements as set forth in this Agreement to provide the services in Service Area (“the Concession”);
d) To enter upon and use the Service Area including all rights of way and easements relating appurtenant to the Project leasehold interest described in clause (i) above, to perform its rights access (A) the Tunnels, (B) the Public Way and obligations (C) the basement of Xxxx-Xxxxxxxx Xxxx and the well fields under this Agreement free Hale Green and South Oval where certain geothermal equipment and improvements identified on Part XII of chargeSchedule 3 are located, including the right to conduct any kind of work in the streets and other public places of the Service Area, each case solely in order to develop operate, maintain, repair, replace, improve and service the Project Utility Facilities and provide Services located therein to the Service Area during the Concession Period;
e) To generate revenueby way of:
i. Leasing out advertisement space at She Lounge
ii. User charges for smart public toilets;
iii. Leasing space for various activities such as ATMs, kiosks, mini-shops at She Lounge;
iv. Power generation through solar panels;
v. License fee for Wi-Fi hotspot(s) operator;
vi. License fee for mobile phone booster tower(s) operator, etc.;
f) To fulfill its obligations extent permitted or required under this Agreement, (iii) grant the Concessionaire, free and clear of any Encumbrances (other than Permitted University Encumbrances) an exclusive right for and during the Term to operate the Utility System (and any expansions, improvements or replacements thereto) and to provide Utility Services on the Columbus Campus (except as expressly provided herein), and in connection therewith (A) to use, possess, control, operate, manage, modify, maintain and rehabilitate the Utility System; and (B) to charge the Utility Fee; and (iv) assign, transfer and otherwise convey to the Concessionaire by xxxx of sale each of the Utility System Assets identified on Schedule 3, free and clear of any Encumbrances (other than Permitted University Encumbrances) and the Concessionaire shall have accept each such demise, lease, grant, assignment, transfer and conveyance, (c) the right to undertake activities either by itself or through subcontracting arrangements which University and the Concessionaire shall be entered into only after obtaining prior written approval of execute the Authority.;
gXxXxxxxxx Sublease and (d) To exercise such other rights as the Authority may determine as being necessary or desirable University and which it consents to in writing, for the purposes incidental and necessary for Concessionaire shall execute the provision of the Services having regard Design-Build Agreement to the needs of extent required by Section 4.3(g) (collectively, the Users;
h) To bear and pay all expenses, costs and charges incurred in the fulfillment of all the Concessionaire’s obligations under this Agreement;
i) To file first information report with police department regarding unauthorized / illegal connections, damages to the Project Facilities by any Person, etc“Transaction”).; and
j) Not to assign or create any lien or Encumbrance on the Contract hereby granted or on the whole or any part of the Project nor transfer, lease or part possession therewith save and except as expressly permitted by this Agreement.
Appears in 1 contract
Grant of Concession. 3.1. Subject to (a) On and in accordance with the terms and conditions set forth in this Agreement, theAuthority hereby grants to the Concessionaire and the Concessionaire hereby accepts the Concession for a period of 10 (ten) years, i.e.3,652 (three thousand six hundred and fiftytwo only) days commencing from the Effective Date and ending on the Expiry Date (the “Concession Period”), including the license and authority during the subsistence of this Agreement subject to implement the Project and the Concession in respect of the Project.
3.2. Subject to and in accordance with the terms and conditions set forth in this Agreement, the Agreement hereby granted shall oblige the Concessionaire to undertake the following in accordance with the provisions of this Agreement, the Applicable Laws and Applicable Permits, the Jal Xxxxx grants to the Concessionaire the exclusive right to:
a(i) To design, finance, construct and construct complete the Facilities; and
(ii) upon completion of construction of the Facilities, operate and maintain the Facilities during the O&M Period.
(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 Site from the Effective Date, for the sole purpose of implementing the Project;
(ii) apply for and obtain all the Concessionaire Applicable Permits and utilities required to undertake the Project;
(iii) raise funds (through both debt and equity financing) to finance 60% of the Bid Project Cost;
(iv) complete the construction of the Facilities on or before the Scheduled Construction Completion Date;
(v) upon completion of construction of the Facilities, undertake Trial Operations;
(vi) upon successful completion of the Trial Operations, operate and maintain the Facilities for 15 years;
(vii) receive, treat and process Sewage up to the Design Capacity;
(viii) store, treat, market, sell or dispose of the STP By-Products subject to and in accordance with this Agreement;
b(ix) To provide services store, treat or dispose of the Treated Effluent subject to Users within the Service Area as stipulated in Clause 2.2.1;
c) To investigate, study, design, engineer, procure, construct, operate and maintain the Project Facilities in accordance with this Agreement and / or enjoy the rights, powers, benefits, privileges, authorizations and entitlements as set forth in this Agreement to provide the services in Service Area (“the Concession”)Agreement;
d(x) To enter upon and use transfer the Service Area including all rights of way and easements relating Facilities to the Project to perform its rights and obligations under this Agreement free of charge, including Jal Xxxxx upon the right to conduct any kind of work in the streets and other public places expiry of the Service Area, in order to develop the Project Facilities and provide Services to the Service Area during the Concession Period;
e) To generate revenueby way of:
i. Leasing out advertisement space at She Lounge
ii. User charges for smart public toilets;
iii. Leasing space for various activities such as ATMs, kiosks, mini-shops at She Lounge;
iv. Power generation through solar panels;
v. License fee for Wi-Fi hotspot(s) operator;
vi. License fee for mobile phone booster tower(s) operator, etc.;
f) To fulfill its obligations under Term or termination of this Agreement, after rectification of any defects in the Concessionaire shall have Facilities, in accordance with the right Hand-back Conditions and the Hand- back Requirements;
(xi) receive the Construction Payments during the Construction Period and the O&M Payments during the O&M Period, subject to undertake activities either by itself or through subcontracting arrangements which shall be entered into only after obtaining prior written approval compliance with the terms and performance of the Authority.;
g) To exercise such other rights as the Authority may determine as being necessary or desirable and which it consents to in writing, for the purposes incidental and necessary for the provision of the Services having regard to the needs of the Users;
h) To bear and pay all expenses, costs and charges incurred in the fulfillment of all the Concessionaire’s obligations under this Agreement;
i(xii) To file first information report appoint Subcontractors, agents, advisors and consultants and enter into Subcontracts to undertake the Project, with police department regarding unauthorized / illegal connections, damages to the Project Facilities by any Person, etc.; and
j) Not to assign or create any lien or Encumbrance on the Contract hereby granted or on the whole or any part prior approval of the Project nor transferJal Xxxxx;
(xiii) construct a solar rooftop Power Plant at the Jagjeetpur Site and/or the Sarai Site, lease or part possession therewith save at its sole option and except as expressly permitted by this Agreementdiscretion.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. 3.1. Subject 2.1.1 In consideration of the Concessionaire’s obligations contained in this Agreement and relying on the Concessionaire’s representations, warranties and covenants contained herein, the GoS, subject to and in accordance with the terms and conditions set forth in this Agreement, theAuthority hereby grants to the Concessionaire and the Concessionaire hereby accepts the Concession for a period of 10 (ten) years, i.e.3,652 (three thousand six hundred and fiftytwo only) days commencing from the Effective Date and ending on the Expiry Date (the “Concession Period”), including the license and authority during the subsistence of this Agreement to implement the Project and the Concession in respect of the Project.
3.2. Subject to and in accordance with the terms and conditions set forth in this Agreement, the Agreement hereby granted shall oblige the Concessionaire to undertake the following in accordance with the provisions of this Agreement, the Applicable Laws and the Applicable Permits, the Authority hereby grants to the Concessionaire the concession set forth herein including the exclusive right, licence and authority to design, develop, engineer, finance, procure, construct, build, own, operate, maintain and market the Project (the “Concession”) for a period of 12.5 (twelve and a half) years commencing from the Effective Date and ending on the Final Expiry Date or the Terminate Date (whichever is earlier), of this Agreement transfer the Project to the Project Co-operative Society nominated by the GoS in accordance with the terms hereof, and the Concessionaire hereby accepts the Concession and agrees to implement the Scope of the Project subject to and in accordance with the terms and conditions set forth herein.
2.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted shall oblige or entitle (as the case may be) the Concessionaire to:
(a) To Right of Way, access and Lease to the Site for the purpose of and to the extent conferred by the provisions of this Agreement;
(b) finance the Project;
(c) design, develop, engineer, finance, procure, construct, build, own, operate, maintain, market and construct manage the Project Facilities and regulate the use thereof by third parties and then upon Termination of this Agreement, transfer the Project to the Project Co-operative Society;
(d) demand, collect and appropriate Advance Bookings and other fees and payments from Sub-Lessees and the CAFP Sub-Lessees and other users in accordance with the Approved Business Plan and enter into legally valid and enforceable Sub-Lessees and the CAFP Sub-Leases with Sub-Lessees and CAFP Sub-Leases respectively and give possessions thereof upon or after receipt of complete payment from each of them;
(e) perform and fulfil all of the Concessionaire’s obligations under and in accordance with this Agreement;
b) To provide services to Users within the Service Area as stipulated in Clause 2.2.1;
c) To investigate, study, design, engineer, procure, construct, operate and maintain the Project Facilities in accordance with this Agreement and / or enjoy the rights, powers, benefits, privileges, authorizations and entitlements as set forth in this Agreement to provide the services in Service Area (“the Concession”);
d) To enter upon and use the Service Area including all rights of way and easements relating to the Project to perform its rights and obligations under this Agreement free of charge, including the right to conduct any kind of work in the streets and other public places of the Service Area, in order to develop the Project Facilities and provide Services to the Service Area during the Concession Period;
e) To generate revenueby way of:
i. Leasing out advertisement space at She Lounge
ii. User charges for smart public toilets;
iii. Leasing space for various activities such as ATMs, kiosks, mini-shops at She Lounge;
iv. Power generation through solar panels;
v. License fee for Wi-Fi hotspot(s) operator;
vi. License fee for mobile phone booster tower(s) operator, etc.;
f) To fulfill its obligations under this Agreement, the Concessionaire shall have the right to undertake activities either by itself or through subcontracting arrangements which shall be entered into only after obtaining prior written approval of the Authority.;
g) To exercise such other rights as the Authority may determine as being necessary or desirable and which it consents to in writing, for the purposes incidental and necessary for the provision of the Services having regard to the needs of the Users;
h) To bear and pay all expensescosts, costs expenses and charges incurred in connection with or incidental to the fulfillment performance of all the Concessionaire’s obligations of the Concessionaire under this Agreement;
i) To file first information report with police department regarding unauthorized / illegal connections, damages to the Project Facilities by any Person, etc.; and
j(g) Not to assign neither assign, transfer or sublet or create any lien or Encumbrance on this Agreement, or the Contract Concession hereby granted or on the whole or any part of the Project nor transfer, lease, sub-lease or part possession therewith thereof, save and except as expressly permitted by this Agreement or the Substitution Agreement.
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. 3.1. Subject to (a) On and in accordance with the terms and conditions set forth in this Agreement, theAuthority hereby grants to the Concessionaire and the Concessionaire hereby accepts the Concession for a period of 10 (ten) years, i.e.3,652 (three thousand six hundred and fiftytwo only) days commencing from the Effective Date and ending on the Expiry Date (the “Concession Period”), including the license and authority during the subsistence of this Agreement subject to implement the Project and the Concession in respect of the Project.
3.2. Subject to and in accordance with the terms and conditions set forth in this Agreement, the Agreement hereby granted shall oblige the Concessionaire to undertake the following in accordance with the provisions of this Agreement, the Applicable Laws and Applicable Permits, the Executive Agency grants to the Concessionaire the exclusive right to:
a(i) To design, finance, construct and construct complete the Facilities; and
(ii) upon completion of construction of the Facilities, operate and maintain the Facilities during the O&M Period.
(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 Site from the Effective Date, for the sole purpose of implementing the Project;
(ii) apply for and obtain all the Concessionaire Applicable Permits and utilities required to undertake the Project;
(iii) raise funds (through both debt and equity financing) to finance 60% of the Bid Project Cost;
(iv) complete the construction of the Facilities on or before the Scheduled Construction Completion Date;
(v) upon completion of construction of the Facilities, undertake Trial Operations;
(vi) upon successful completion of the Trial Operations, operate and maintain the Facilities for 15 years;
(vii) receive, treat and process Sewage up to the Design Capacity;
(viii) store, treat, market, sell or dispose of the STP By-Products subject to and in accordance with this Agreement;
b(ix) To provide services store, treat or dispose of the Treated Effluent subject to Users within the Service Area as stipulated in Clause 2.2.1;
c) To investigate, study, design, engineer, procure, construct, operate and maintain the Project Facilities in accordance with this Agreement and / or enjoy the rights, powers, benefits, privileges, authorizations and entitlements as set forth in this Agreement to provide the services in Service Area (“the Concession”)Agreement;
d(x) To enter upon and use transfer the Service Area including all rights of way and easements relating Facilities to the Project to perform its rights and obligations under this Agreement free of charge, including Executive Agency upon the right to conduct any kind of work in the streets and other public places expiry of the Service Area, in order to develop the Project Facilities and provide Services to the Service Area during the Concession Period;
e) To generate revenueby way of:
i. Leasing out advertisement space at She Lounge
ii. User charges for smart public toilets;
iii. Leasing space for various activities such as ATMs, kiosks, mini-shops at She Lounge;
iv. Power generation through solar panels;
v. License fee for Wi-Fi hotspot(s) operator;
vi. License fee for mobile phone booster tower(s) operator, etc.;
f) To fulfill its obligations under Term or termination of this Agreement, after rectification of any defects in the Concessionaire shall have Facilities, in accordance with the right Hand-back Conditions and the Hand-back Requirements;
(xi) receive the Construction Payments during the Construction Period and the O&M Payments during the O&M Period, subject to undertake activities either by itself or through subcontracting arrangements which shall be entered into only after obtaining prior written approval compliance with the terms and performance of the Authority.;
g) To exercise such other rights as the Authority may determine as being necessary or desirable and which it consents to in writing, for the purposes incidental and necessary for the provision of the Services having regard to the needs of the Users;
h) To bear and pay all expenses, costs and charges incurred in the fulfillment of all the Concessionaire’s obligations under this Agreement;
i(xii) To file first information report appoint Subcontractors, agents, advisors and consultants and enter into Subcontracts to undertake the Project, with police department regarding unauthorized / illegal connectionsthe prior approval of the Executive Agency;
(xiii) construct a biogas Power Plant or a solar rooftop Power Plant at the Farrukhabad Site, damages to the Project Facilities by any Person, etc.at its sole option and discretion; and
j(xiv) Not construct a solar rooftop Power Plant at the Fatehgarh Site, at its sole option and discretion.
(xv) The Concessionaire must operate and maintain Fatehgarh STP 3 (the existing STP of 2.7 MLD capacity based on oxidation pond at Hatikhana, Fatehgarh) from Effective Date to assign or create any lien or Encumbrance on Farrukhabad-Fatehgarh COD, above in accordance with Good Industry Practices, to ensure compliance with the Contract hereby granted or on the whole or any part of the Project nor transfer, lease or part possession therewith save and except as expressly permitted by this Agreement.Guaranteed Interim Availability;
Appears in 1 contract
Samples: Concession Agreement
Grant of Concession. 3.1. Subject (a) On and from the Effective Date and subject to the terms of this Concession Agreement, Applicable Laws and Applicable Permits, BUIDCO grants to the Concessionaire the exclusive right to:
(i) design, finance, construct and complete the STP Facilities; and
(ii) upon completion of construction of the STP Facilities, operate and maintain the STP Facilities during the O&M Period.
(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 STP Site from the Effective Date, for the sole purpose of implementing the Project;
(ii) apply for and obtain all the Concessionaire Applicable Permits and utilities required to undertake the Project;
(iii) raise funds (through both debt and equity financing) to finance 60% of the respective STP Bid Project Cost;
(iv) complete the construction of the STP Facilities on or before the Scheduled STP Construction Completion Date;
(v) upon completion of construction of the STP Facilities, undertake Trial Operations;
(vi) upon successful completion of the Trial Operations, operate and maintain the STP Facilities till the End of Concession;
(vii) receive, treat and process Sewage up to the Design Capacity;
(viii) store, treat, market, sell or dispose off the STP By-Products subject to and in accordance with this Concession Agreement;
(ix) store, treat or dispose off the terms and conditions set forth in this Agreement, theAuthority hereby grants to the Concessionaire and the Concessionaire hereby accepts the Concession for a period of 10 (ten) years, i.e.3,652 (three thousand six hundred and fiftytwo only) days commencing from the Effective Date and ending on the Expiry Date (the “Concession Period”), including the license and authority during the subsistence of this Agreement to implement the Project and the Concession in respect of the Project.
3.2. Subject Treated Effluent subject to and in accordance with this Concession Agreement;
(x) transfer the terms and conditions set forth in STP Facilities to BUIDCO upon the expiry of the Term or termination of this Concession Agreement, after rectification of any defects in the Agreement hereby granted shall oblige the Concessionaire to undertake the following STP Facilities, in accordance with the provisions Hand-back Conditions and the Hand-back Requirements;
(xi) receive the Construction Payments during the Construction Period and the O&M Payments during the O&M Period, subject to compliance with the terms and performance of the obligations under this Agreement, the Applicable Laws and Applicable Permits:
a) To design, and construct Project Facilities in accordance with this Concession Agreement;
b(xii) To provide services appoint Subcontractors, agents, advisors and consultants and enter into Subcontracts to Users within undertake the Service Area as stipulated in Clause 2.2.1Project, with the prior approval of BUIDCO;
c(xiii) To investigateconstruct a biogas Power Plant or a solar rooftop Power Plant at the Digha STP Site, study, design, engineer, procure, construct, operate at its sole option and maintain the Project Facilities in accordance with this Agreement and / or enjoy the rights, powers, benefits, privileges, authorizations and entitlements as set forth in this Agreement to provide the services in Service Area (“the Concession”);
d) To enter upon and use the Service Area including all rights of way and easements relating to the Project to perform its rights and obligations under this Agreement free of charge, including the right to conduct any kind of work in the streets and other public places of the Service Area, in order to develop the Project Facilities and provide Services to the Service Area during the Concession Period;
e) To generate revenueby way of:
i. Leasing out advertisement space at She Lounge
ii. User charges for smart public toilets;
iii. Leasing space for various activities such as ATMs, kiosks, mini-shops at She Lounge;
iv. Power generation through solar panels;
v. License fee for Wi-Fi hotspot(s) operator;
vi. License fee for mobile phone booster tower(s) operator, etc.;
f) To fulfill its obligations under this Agreement, the Concessionaire shall have the right to undertake activities either by itself or through subcontracting arrangements which shall be entered into only after obtaining prior written approval of the Authority.;
g) To exercise such other rights as the Authority may determine as being necessary or desirable and which it consents to in writing, for the purposes incidental and necessary for the provision of the Services having regard to the needs of the Users;
h) To bear and pay all expenses, costs and charges incurred in the fulfillment of all the Concessionaire’s obligations under this Agreement;
i) To file first information report with police department regarding unauthorized / illegal connections, damages to the Project Facilities by any Person, etc.discretion; and
j(xiv) Not to assign construct a biogas Power Plant or create any lien or Encumbrance on a solar rooftop Power Plant at the Contract hereby granted or on the whole or any part of the Project nor transferKankarbagh STP Site, lease or part possession therewith save at its sole option and except as expressly permitted by this Agreementdiscretion.
Appears in 1 contract
Samples: Concession Agreement