Common use of Grant of Right of Way Clause in Contracts

Grant of Right of Way. 3.2.1 The right of way to the Station Area, shall be granted to the Facility Manager in accordance with the terms of the SFM Agreement, provided that the Railway Administration, Authority and Facility Manager shall on or prior to such date as set out in SCSFMA, undertake a joint inspection and prepare and execute a joint inventory (the “Joint Inventory”) of the existing structures, assets and utilities on the Station Area, as also the Existing Contracts, and shall further record their quality, condition, functionality (and in case of the Existing Contracts their term and key financial terms), as also which of these structures, assets and utilities relate to the Excluded Activities. 3.2.2 The Joint Inventory shall be updated by Authority and Facility Manager prior to 30 days from the SFMA Appointed Date (or such other date as may be mutually agreed) to reflect any changes that may have occurred with respect to the structures, assets and utilities on the Station Area, or with respect to the Existing Contracts, whereupon the references to Joint Inventory in the Station Facility Management Agreement, shall be deemed to be references to such updated Joint Inventory. 3.2.3 The handover of the right of way to the Station Area shall be deemed to have been undertaken on the basis of the site inventory as set forth under the Joint Inventory (as revised prior to the SFMA Appointed Date, if any). The Facility Manager agrees and acknowledges that the SFM Project shall be undertaken in respect of the entirety of the structures, assets and utilities as identified under the Joint Inventory.

Grant of Right of Way. 3.2.1 The right of way to the Station Area, shall be granted to the Facility Manager in accordance with the terms of the SFM Agreement, provided that the Railway Administration, Authority and Facility Manager shall on or prior to such date as set out in SCSFMA, undertake a joint inspection and prepare and execute a joint inventory (the “Joint Inventory”) of the existing structures, assets and utilities on the Station Area, as also the Existing Contracts, and shall further record their quality, condition, functionality (and in case of the Existing Contracts their term and key financial terms), as also which of these structures, assets and utilities relate to the Excluded Activities. 3.2.2 The Joint Inventory shall be updated by Authority and Facility Manager prior to 30 days from the SFMA Appointed Date (or such other date as may be maybe mutually agreed) to reflect any changes that may have occurred with respect to the structures, assets and utilities on the Station Area, or with respect to the Existing Contracts, whereupon the references to Joint Inventory in the Station Facility Management Agreement, shall be deemed to be references to such updated Joint Inventory. 3.2.3 The handover of the right of way to the Station Area shall be deemed to have been undertaken on the basis of the site inventory as set forth under the Joint Inventory (as revised prior to the SFMA Appointed Date, if any). The Facility Manager agrees and acknowledges that the SFM Project shall be undertaken in respect of the entirety of the structures, assets and utilities as identified under the Joint Inventory.

Grant of Right of Way. 3.2.1 The right of way to the Station Area, shall be granted to the Facility Manager in accordance with the terms of the SFM Agreement, provided that the Railway Administration, Authority and Facility Manager shall on or prior to such date as set out in SCSFMA, undertake a joint inspection and prepare and execute a joint inventory (the “Joint Inventory”―Joint Inventory‖) of the existing structures, assets and utilities on the Station Area, as also the Existing Contracts, and shall further record their quality, condition, functionality (and in case of the Existing Contracts their term and key financial terms), as also which of these structures, assets and utilities relate to the Excluded Activities. 3.2.2 The Joint Inventory shall be updated by Authority and Facility Manager prior to 30 days from the SFMA Appointed Date (or such other date as may be mutually agreed) to reflect any changes that may have occurred with respect to the structures, assets and utilities on the Station Area, or with respect to the Existing Contracts, whereupon the references to Joint Inventory in the Station Facility Management Agreement, shall be deemed to be references to such updated Joint Inventory. 3.2.3 The handover of the right of way to the Station Area shall be deemed to have been undertaken on the basis of the site inventory as set forth under the Joint Inventory (as revised prior to the SFMA Appointed Date, if any). The Facility Manager agrees and acknowledges that the SFM Project shall be undertaken in respect of the entirety of the structures, assets and utilities as identified under the Joint Inventory.