LAND ISSUES AND THE SITE Sample Clauses

LAND ISSUES AND THE SITE. 6.1 Licence5 5 The Landlord and Tenant (Amendment) Xxx 0000 (the "1980 Act") gives rise to the possibility of a PPP Co. which is granted a lease by an Authority acquiring statutory rights after five years’ continuous occupation and therefore being entitled to a renewal of a lease granted to him or to compensation in lieu of a new lease. The 1980 Act would not apply in this way to a licence but there is the possibility that even if a licence is granted, the courts might construe the relationship between the local authority and PPP Co. as having the characteristics of a lease and may therefore grant a renewal of the terms of the "lease" to PPP Co at the end of the operation period. In other words, it is the existence of a particular relationship with certain characteristics that determines the existence of a lease as opposed to any formal grant of a lease. Irish case law on the lease/licence distinction and the key elements that distinguish a lease is not entirely satisfactory. Irish Shell and B.P. Limited v Xxxx Xxxxxxxx [1981] ILRM 66 remains the sole Supreme Court case on the lease/licence distinction but it is a confusing and inconsistent judgement. Xxxxxxx J in the Supreme Court held the agreement to be a lease despite the fact that it was expressly described as a licence agreement. Xxxxxxx X stated that:- "Whether the transaction is a licence or a tenancy does not depend on the label which is put on it. It depends on the nature of the transaction itself". However, in subsequent dicta, Xxxxxxx X also placed importance on the intention of the parties, quoting from Lord Xxxxxxx in Shell-Mex v Manchester Garages as follows:- "One must look at the transaction as a whole and whether there are any indications that one finds in the terms of the contract between the two parties to find out whether in fact it is intended to create a relationship of landlord and tenant or that of licensor and licensee".
Sample 1
AutoNDA by SimpleDocs
LAND ISSUES AND THE SITE. 6LAND ISSUES AND THE SITE Licence5 The Authority hereby grants PPP Co. a non-exclusive licence to occupy the Site for the sole purpose of allowing PPP Co. to perform its obligations under this Project Agreement (the “Licence”) subject to any right of access of the Authority or any other person under this Project Agreement or Law [AMEND AS APPROPRIATE TO REFER TO THIRD PARTY ACCESS]. The Licence granted under Clause 6.1(a) (Licence) will subsist for the sole purpose of enabling PPP Co. to perform its obligations under this Project Agreement and to enable the Funders (and/or their nominees) to procure such performance and for no other purposes and will not operate nor be deemed to operate as a demise of the Site or any part of it nor will PPP Co. have or be entitled to any estate, right, title or interest in it and PPP Co. and those authorised by it will enter the Site only as licensee of the Authority. The Licence will commence on the Commencement Date and will immediately terminate upon the earlier of the Expiry Date or Termination of this Project Agreement.
Sample 1

Related to LAND ISSUES AND THE SITE

  • ARTISTES AND SPORTSMEN 1. Notwithstanding the provisions of Articles 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsman, from his personal activities as such exercised in the other Contracting State, may be taxed in that other State.

  • ARTISTES AND SPORTSPERSONS 1. Notwithstanding the provisions of Articles 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from his personal activities as such exercised in the other Contracting State, may be taxed in that other State.

  • DOCUMENTS AND SAMPLES AT THE SITE 4.11.1 The Contractor shall maintain at the site for the State one record copy of all Drawings, Specifications, Addenda, Change Orders and other modifications, in good order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Data and Samples. These shall be available to the Architect and the State for monthly review prior to approval of Contractor’s monthly application for payment. Prior to substantial completion of the Work, the Contractor shall ensure that one record copy of all Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Data and Samples are delivered to the Architect for the State and a duplicate copy shall be delivered to the State for the State’s use.

  • NOW AND THEREFORE in accordance with the principle of sincere cooperation, mutual benefit and joint development and after friendly negotiations, the parties hereby enter into the following agreements pursuant to the provisions of relevant laws and regulations of the PRC.

  • Joint Funded Project with the Ohio Department of Transportation In the event that the Recipient does not have contracting authority over project engineering, construction, or right-of- way, the Recipient and the OPWC hereby assign certain responsibilities to the Ohio Department of Transportation, an authorized representative of the State of Ohio. Notwithstanding Sections IV, VI.A., VI.B., VI.C., and VII of the Project Agreement, Recipient hereby acknowledges that upon notification by the Ohio Department of Transportation, all payments for eligible project costs will be disbursed by the Grantor directly to the Ohio Department of Transportation. A Memorandum of Funds issued by the Ohio Department of Transportation shall be used to certify the estimated project costs. Upon receipt of a Memorandum of Funds from the Ohio Department of Transportation, the OPWC shall transfer funds directly to the Ohio Department of Transportation via an Intra-State Transfer Voucher. The amount or amounts transferred shall be determined by applying the Participation Percentages defined in Appendix D to those eligible project costs within the Memorandum of Funds. In the event that the Project Scope is for right-of-way only, notwithstanding Appendix D, the OPWC shall pay for 100% of the right-of-way costs not to exceed the total financial assistance provided in Appendix C. APPENDIX D LOCAL SUBDIVISION CONTRIBUTION, PROJECT FINANCING AND EXPENSES SCHEME AND DISBURSEMENT RATIO

  • Surveys, Permits, and Regulations The Owner shall furnish all surveys unless otherwise specified. Permits and licenses of a temporary nature necessary for the prosecution of the Work shall be obtained and paid for by the Contractor. Permits, licenses, and easements for permanent structures or permanent changes in existing facilities shall be obtained and paid for by the Owner unless otherwise specified. The Contractor and its Subcontractors must pay any municipal or county occupational licenses, taxes, or fees, if any. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the Work. If the Contractor observes that the drawings or specifications are at variance with any such laws, ordinances, rules or regulations, he shall promptly notify the Owner in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the Work. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules or regulations without such notice to the Owner, he shall bear all costs arising therefrom. Nothing in this paragraph shall be construed to impose design responsibility on the Contractor except as noted in the Contract Documents.

  • Disputes between the Contracting Parties 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiation.

  • PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL CERTIFICATION As required by Chapter 2271 of the Texas Local Government Code the Contractor must verify that it 1) does not boycott Israel; and 2) will not boycott Israel during the term of the Contract. Pursuant to Section 2271.001, Texas Government Code:

  • Sub-Processors 8.1. The Data Processor has outlined in the Data Pro Statement whether the Data Processor uses any third parties (sub-processors) to help it process the Personal Data, and if so, which third parties.

  • Procurement and Property Management Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre-approve the Local Government’s procurement procedures for purchases to be eligible for state or federal funds.

Time is Money Join Law Insider Premium to draft better contracts faster.