Common use of Lease and Access Clause in Contracts

Lease and Access. 10.2.1 The Authority hereby grants to the Concessionaire, access to the Site for carrying out any surveys and investigations that the Concessionaire may deem necessary prior to Appointed Date, it being expressly agreed and understood that the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby agrees to grant to the Concessionaire, lease hold rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule – 1 hereto, on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.3 Within 30 (thirty) days of intimation by way of a written communication by the Concessionaire regarding fixing of the Appointed Date, in accordance with the provisions of this Agreement, the Authority shall execute the lease deed with the Concessionaire. The stamp duty and registration charges in respect of the lease deed including the costs, charges and expenses shall be borne and paid wholly and exclusively by the Concessionaire. 10.2.4 It is expressly agreed that the lease granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the lease, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Concessionaire or its sub-lessees, the lease in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Concessionaire shall, neither, assign, transfer, create any charge or Encumbrance; nor shall the Concessionaire create or permit creation of any third-party rights whatsoever, on the whole or any part of the Site, except as specified in Article 10.2.7 below. 10.2.6 The ownership of the Project Facilities including buildings, structures, infrastructure, utilities, equipment and other immovable and movable assets constructed, installed, located, created or provided by the Concessionaire at the Site, pursuant to this Agreement, shall, until expiry of this Agreement or transfer to the Authority on the Termination, be with the Concessionaire. However, such ownership of assets shall not confer any rights in the Project Site upon the Concessionaire, save as that of a lease, as provided for in this Agreement. 10.2.7 The Concessionaire shall be entitled to create a charge on its rights, title and interest in the Project Facilities referred to in Article 10.2.6 and on its rights, benefits, entitlements, including Project Revenue, pursuant to the Concession Agreement, in favour of Senior Lenders for securing financial assistance. Provided that any such charge shall not be effective before the Financial Close and shall not continue for a period exceeding the Concession Period. Provided further that in the event of termination of this Agreement, the said charge shall stand extinguished upon payment of compensation by the Authority to the Concessionaire / Lenders, to the extent they are entitled to receive the same in accordance with the provisions of this Agreement.

Lease and Access. 10.2.1 The Authority hereby grants to the Concessionaire, access to the Site for carrying out any surveys and investigations that the Concessionaire may deem necessary prior to Appointed Date, it being expressly agreed and understood that the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby agrees to grant to the Concessionaire, lease lease-hold rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule – 1 Schedule1 hereto, on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.3 Within 30 (thirty) days of intimation by way of a written communication by the Concessionaire regarding fixing of the Appointed Date, in accordance with the provisions of this Agreement, the The Authority shall execute the lease deed Lease Deed with the ConcessionaireConcessionaire within 15 day from the Appointed Date. The Unless exempted or waived by the Authority, the stamp duty and registration charges in respect of the lease deed Lease Deed including the costs, charges and expenses shall be borne and paid wholly and exclusively by the Concessionaire. 10.2.4 It is expressly agreed that the lease granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the leaseLease, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Concessionaire or its sub-lessees, the lease in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Concessionaire shall, neither, assign, transfer, create any charge or Encumbrance; nor shall the Concessionaire create or permit creation of any third-party rights whatsoever, on the whole or any part of the Site, except as specified in Article 10.2.7 below. 10.2.6 The ownership of the Project Facilities including buildings, structures, infrastructure, utilities, equipment and other immovable and movable assets constructed, installed, located, created or provided by the Concessionaire at the Site, pursuant to this Agreement, shall, until expiry of this Agreement or transfer to the Authority on the Termination, be with the Concessionaire. However, such ownership of assets shall not confer any rights in the Project Site upon the Concessionaire, save as that of a lease, as provided for in this Agreement. 10.2.7 The Concessionaire shall be entitled to create a charge on its rights, title and interest in the Project Facilities referred to in Article 10.2.6 and on its rights, benefits, entitlements, including Project Revenue, pursuant to the Concession Agreement, in favour of Senior Lenders for securing financial assistance. Provided that any such charge shall not be effective before the Financial Close and shall not continue for a period exceeding the Concession Period. Provided further that in the event of termination of this Agreement, the said charge shall stand extinguished upon payment of compensation by the Authority to the Concessionaire / Lenders, to the extent they are entitled to receive the same in accordance with the provisions of this Agreement.Article

Lease and Access. 10.2.1 The Authority hereby grants to the Concessionaire, access to the Site for carrying out any surveys and investigations that the Concessionaire may deem necessary prior to Appointed Date, it being expressly agreed and understood that the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby agrees to grant to the Concessionaire, lease lease-hold rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule – 1 Schedule1 hereto, on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.3 Within 30 (thirty) days of intimation by way of a written communication by the Concessionaire regarding fixing of the Appointed Date, in accordance with the provisions of this Agreement, the The Authority shall execute the lease deed Lease Deed with the ConcessionaireConcessionaire within 15 day from the Appointed Date. The Unless exempted or waived by the Authority, the stamp duty and registration charges in respect of the lease deed Lease Deed including the costs, charges and expenses shall be borne and paid wholly and exclusively by the Concessionaire. 10.2.4 It is expressly agreed that the lease granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the leaseLease, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Concessionaire or its sub-lessees, the lease in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Concessionaire shall, neither, assign, transfer, create any charge or Encumbrance; nor shall the Concessionaire create or permit creation of any third-party rights whatsoever, on the whole or any part of the Site, except as specified in Article 10.2.7 below. 10.2.6 The ownership of the Project Facilities including buildings, structures, infrastructure, utilities, equipment and other immovable and movable assets constructed, installed, located, created or provided by the Concessionaire at the Site, pursuant to this Agreement, shall, until expiry of this Agreement or transfer to the Authority on the Termination, be with the Concessionaire. However, such ownership of assets shall not confer any rights in the Project Site upon the Concessionaire, save as that of a lease, as provided for in this Agreement. 10.2.7 The Concessionaire shall be entitled to create a charge on its rights, title and interest in the Project Facilities referred to in Article 10.2.6 and on its rights, benefits, entitlements, including Project Revenue, pursuant to the Concession Agreement, in favour of Senior Lenders for securing financial assistance. Provided that any such charge shall not be effective before the Financial Close and shall not continue for a period exceeding the Concession Period. Provided further that in the event of termination of this Agreement, the said charge shall stand extinguished upon payment of compensation by the Authority to the Concessionaire / Lenders, to the extent they are entitled to receive the same in accordance with the provisions of this Agreement.the

Lease and Access. 10.2.1 The Authority hereby grants to the Concessionaire, access to the Site for carrying out any surveys and investigations that the Concessionaire may deem necessary prior to Appointed Date, it being expressly agreed and understood that the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby agrees to grant to the Concessionaire, lease lease-hold rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule – 1 hereto, on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.3 Within 30 (thirty) days of intimation by way of a written communication by the Concessionaire regarding fixing of the Appointed Date, in accordance with the provisions of this Agreement, the Authority shall execute the lease deed Lease Deed with the Concessionaire. The stamp duty and registration charges in respect of the lease deed Lease Deed including the costs, charges and expenses shall be borne and paid wholly and exclusively by the Concessionaire. 10.2.4 It is expressly agreed that the lease granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the leaseLease, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Concessionaire or its sub-lessees, the lease in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Concessionaire shall, neither, assign, transfer, create any charge or Encumbrance; nor shall the Concessionaire create or permit creation of any third-third party rights whatsoever, on the whole or any part of the Site, except as specified in Article 10.2.7 below10.2.7. 10.2.6 The ownership of the Project Facilities including buildings, structures, infrastructure, utilities, equipment and other immovable and movable assets constructed, installed, located, created or provided by the Concessionaire at the Site, pursuant to this Agreement, shall, until expiry of this Agreement or transfer to the Authority on the Termination, be with the Concessionaire. However, such ownership of assets shall not confer any rights in the Project Site upon the Concessionaire, save as that of a lease, as provided for in this Agreement. 10.2.7 The Concessionaire shall be entitled to create a charge on its rights, title and interest in the Project Facilities referred to in Article 10.2.6 and on its rights, benefits, entitlements, including Project Revenue, pursuant to the Concession Agreement, in favour of Senior Lenders for securing financial assistance. Provided that any such charge shall not be effective before the Financial Close Close, and shall not continue for a period exceeding the Concession Period. Provided further that in the event of termination of this Agreement, the said charge shall stand extinguished upon payment of compensation by the Concessioning Authority to the Concessionaire / Lenders, to the extent they are entitled to receive the same in accordance with the provisions of this Agreement.

Lease and Access. 10.2.1 The Authority hereby grants to the Concessionaire, access to the Site for carrying out any surveys and investigations that the Concessionaire may deem necessary prior to Appointed Date, it being expressly agreed and understood that the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby agrees to grant to the Concessionaire, lease lease-hold rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule – 1 Schedule1 hereto, on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.3 Within 30 (thirty) days of intimation by way of a written communication by the Concessionaire regarding fixing of the Appointed Date, in accordance with the provisions of this Agreement, the The Authority shall execute the lease deed Lease Deed with the ConcessionaireConcessionaire within 15 day from the Appointed Date. The Unless exempted or waived by the Authority, the stamp duty and registration charges in respect of the lease deed Lease Deed including the costs, charges and expenses shall be borne and paid wholly and exclusively by the Concessionaire. 10.2.4 It is expressly agreed that the lease granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the leaseLease, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Concessionaire or its sub-lessees, the lease in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Concessionaire shall, neither, assign, transfer, create any charge or Encumbrance; nor shall the Concessionaire create or permit creation of any third-third party rights whatsoever, on the whole or any part of the Site, except as specified in Article 10.2.7 below. 10.2.6 The ownership of the Project Facilities including buildings, structures, infrastructure, utilities, equipment and other immovable and movable assets constructed, installed, located, created or provided by the Concessionaire at the Site, pursuant to this Agreement, shall, until expiry of this Agreement or transfer to the Authority on the Termination, be with the Concessionaire. However, such ownership of assets shall not confer any rights in the Project Site upon the Concessionaire, save as that of a lease, as provided for in this Agreement. 10.2.7 The Concessionaire shall be entitled to create a charge on its rights, title and interest in the Project Facilities referred to in Article 10.2.6 and on its rights, benefits, entitlements, including Project Revenue, pursuant to the Concession Agreement, in favour of Senior Lenders for securing financial assistance. Provided that any such charge shall not be effective before the Financial Close and shall not continue for a period exceeding the Concession Period. Provided further that in the event of termination of this Agreement, the said charge shall stand extinguished upon payment of compensation by the Authority to the Concessionaire / Lenders, to the extent they are entitled to receive the same in accordance with the provisions of this Agreement.the

Lease and Access. 10.2.1 The Authority hereby grants to the Concessionaire, access to the Site for carrying out any surveys and investigations that the Concessionaire may deem necessary prior to Appointed Date, it being expressly agreed and understood that the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby agrees to grant to the Concessionaire, lease lease-hold rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule – 1 hereto, on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.3 Within 30 (thirty) days of intimation by way of a written communication by the Concessionaire regarding fixing of the Appointed Date, in accordance with the provisions of this Agreement, the Authority shall execute the lease deed Lease Deed with the Concessionaire. The stamp duty and registration charges in respect of the lease deed Lease Deed including the costs, charges and expenses shall be borne and paid wholly and exclusively by the Concessionaire. 10.2.4 It is expressly agreed that the lease granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the leaseLease, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Concessionaire or its sub-lessees, the lease in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Concessionaire shall, neither, assign, transfer, create any charge or Encumbrance; nor shall the Concessionaire create or permit creation of any third-party rights whatsoever, on the whole or any part of the Site, except as specified in Article 10.2.7 below. 10.2.6 The ownership of the Project Facilities including buildings, structures, infrastructure, utilities, equipment and other immovable and movable assets constructed, installed, located, created or provided by the Concessionaire at the Site, pursuant to this Agreement, shall, until expiry of this Agreement or transfer to the Authority on the Termination, be with the Concessionaire. However, such ownership of assets shall not confer any rights in the Project Site upon the Concessionaire, save as that of a lease, as provided for in this Agreement. 10.2.7 The Concessionaire shall be entitled to create a charge on its rights, title and interest in the Project Facilities referred to in Article 10.2.6 and on its rights, benefits, entitlements, including Project Revenue, pursuant to the Concession Agreement, in favour of Senior Lenders for securing financial assistance. Provided that any such charge shall not be effective before the Financial Close and shall not continue for a period exceeding the Concession Period. Provided further that in the event of termination of this Agreement, the said charge shall stand extinguished upon payment of compensation by the Authority to the Concessionaire / Lenders, to the extent they are entitled to receive the same in accordance with the provisions of this Agreement.nor