Common use of Grant of Station Development and Facility Management Rights Clause in Contracts

Grant of Station Development and Facility Management Rights. 3.1.1 Subject to and in accordance with the provisions of the Agreement, the Station Facility Management Agreement, the Applicable Laws and the Applicable Permits, Authority hereby grants to the Developer (a) exclusive right, license and authority to design, finance and develop or redevelop, construct, modernize and equip the Station as set forth herein as Station Development Project (the “Station Development Rights”); and (b) the right to maintain and manage the Station Development Assets and Station Development Project Utilities so developed, and to collect and appropriate the Station Revenues (the “Station Facility Management Rights”) for the Term of SFMA, and the Developer hereby accepts the grant and undertakes to implement the Station Development Project subject to and in accordance with the terms and conditions set forth herein and the Station Facility Management Agreement. 3.1.2 Subject to and in accordance with the provisions of the Agreement, the Station Development Rights hereby granted shall oblige or entitle (as the case may be) the Developer to the following: (a) right of way and/ or access (as the case may be) to the Project Land in the manner, for the purposes and to the extent conferred by the provisions of the Agreement. Provided that it is clarified that the right of way and/ or access to the Redevelopment Land and the Station Development Land, shall be granted to the Developer solely for the purposes of undertaking the Redevelopment Project and/ or the Station Development Project, and the Developer shall have no ownership or leasehold rights in respect of such Redevelopment Land or the Station Development Land or improvements thereof. The performance of obligations by the Developer after the Construction Period shall be based on separate right of way provided by the Authority in writing; (b) to enter into sub-contracts for the purposes of the Station Development Project, subject to the terms of the Agreement; (c) obligation to apply for and obtain all Applicable Permits (in the name of the Developer and/ or Authority, as applicable), as required for the Station Development Project; (d) to design, engineer, finance, procure, contract and erect the Station Development Assets and Project Utilities comprised in the Station Development Project on the Station Development Land, in accordance with the terms hereof, including without limitation, the DPR and other Specifications, and for that purpose to remove, renovate, relocate, use or demolish any structures with prior approval of Authority that may be existing on the Station Development Land as on the date of handing over of the relevant part of the Station Development Land to the Developer; (e) to facilitate the development of the Station Development Project, obtain in its own name loans or raise funds from any Lender (subject to the provisions hereof including Article 8.2.2 and after at-least 7 (seven) days prior intimation to Authority), and as security for the same to create Encumbrances on the Assets comprised in the Commercial Development Project, to the extent and as specifically permitted under the Agreement. Provided that the Project Land, or the Assets, and Project Utilities comprised in the Station Development Project and the Redevelopment Project are not to be encumbered in any manner whatsoever; (f) to undertake the Commercial Development of the air space above existing Railway building/ station/ track or proposed Station Development Project or Redevelopment Project, in accordance with the provisions of Article 3.2; 9

Grant of Station Development and Facility Management Rights. 3.1.1 Subject to and in accordance with the provisions of the Agreement, the Station Facility Management Agreement, the Applicable Laws and the Applicable Permits, Authority hereby grants to the Developer (a) exclusive right, license and authority to design, finance and develop or redevelop, construct, modernize and equip the Station as set forth herein as Station Development Project (the “Station Development Rights”); and (b) the right to maintain and manage the Station Development Assets and Station Development Project Utilities so developed, and to collect and appropriate the Station Facility Revenues (the “Station Facility Management Rights”) for the Term of SFMATerm, and the Developer hereby accepts the grant and undertakes to implement the Station Development Project subject to and in accordance with the terms and conditions set forth herein and the Station Facility Management Agreement. 3.1.2 Subject to and in accordance with the provisions of the Agreement, the Station Development Rights hereby granted shall oblige or entitle (as the case may be) the Developer to the following: (a) right of way and/ or access (as the case may be) to the Project Land in the manner, for the purposes and to the extent conferred by the provisions of the Agreement. Provided that it is clarified that the right of way and/ or access to the Redevelopment Land and the Station Development Land, shall be granted to the Developer solely for the purposes of undertaking the Redevelopment Project and/ or the Station Development Project, and the Developer shall have no ownership or leasehold rights in respect of such Redevelopment Land or the Station Development Land or improvements thereof. The performance of obligations by the Developer after the Construction Period shall be based on separate right of way provided by the Authority in writing; (b) to enter into sub-contracts for the purposes of the Station Development Project, subject to the terms of the Agreement; (c) obligation to apply for and obtain all Applicable Permits (in the name of the Developer and/ or Authority, as applicable), as required for the Station Development Project; (d) to design, engineer, finance, procure, contract and erect the Station Development Assets and Project Utilities comprised in the Station Development Project on the Station Development Land, in accordance with the terms hereof, including without limitation, the DPR and other Specifications, and for that purpose to remove, renovate, relocate, use or demolish any structures with prior approval of Authority that may be existing on the Station Development Land as on the date of handing over of the relevant part of the Station Development Land to the Developer; (e) to facilitate the development of the Station Development Project, obtain in its own name loans or raise funds from any Lender (subject to the provisions hereof including Article 8.2.2 and after at-least 7 (seven) days prior intimation to Authority), and as security for the same to create Encumbrances on the Assets comprised in the Commercial Development Project, to the extent and as specifically permitted under the Agreement. Provided that the Project Land, or the Assets, and Project Utilities comprised in the Station Development Project and the Redevelopment Project are not to be encumbered in any manner whatsoever; (f) to undertake the Commercial Development of the air space above existing Railway building/ station/ track or proposed Station Development Project or Redevelopment Project, in accordance with the provisions of Article 3.2; 98