Common use of Licence, Access and Right of Way Clause in Contracts

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right of Way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 16 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

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Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that Bus Terminal or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 14 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Licence, Access and Right of Way. xxx.xxxxxx.xxx Downloaded 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that Bus Terminal or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement.. from 10.2.5 The Concessionaire hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 9 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that one existing lane of the Project Highway or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority MOR hereby grants agrees to grant to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during prior to the Development commencement of the Construction Period, it being expressly agreed and understood that the Authority MOR 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityMOR, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and licence rights in respect of all the land (along with any buildings, constructions constructions, construction materials or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed PremisesSite, 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that existing lanes, if any, along the alignment of or across the Rail System or an alternative thereof are open to road traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority MOR to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority MOR (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the AuthorityMOR, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority MOR except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 3 contracts

Samples: Construction Agreement, Construction Agreement, Construction Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession FeeProject, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising thereon)comprising the Site which is described, delineated and shown in Schedule-A hereto (the "Licensed Premises"), on an "as is where is" is “ basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that minimises hardships or inconvenience of Users and other persons during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right of Way granted by this Agreement to the Concessionaire in respect of land and water channels shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that the existing land and water channels or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way. 10.2.4 . It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 10.2.4 The Concessionaire hereby irrevocably appoints the Authority (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 10.2.5 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 2 contracts

Samples: Concession Agreement, Model Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that the existing lanes of the Project Highway or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that that i) trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All ii) Collection and appropriation of Fee for the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by use of Project Highway or any part thereof do not form part of the Authority before providing License granted to the Concessionaire under this Agreement. iii) Reserved Land does not form part of Right of Way to and the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assetsnot have any right on Reserved Land.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed Premises, hereditaments or premises or any part thereof belonging to or in any way anyway 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 The licence, access and Right of Way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that four existing lanes of the Project Highway or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licenceLicence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.;

Appears in 2 contracts

Samples: Model Concession Agreement, Model Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Contracting Authority hereby grants to the Concessionaire Service Provider access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire Service Provider may deem necessary during the Development Period, it being expressly agreed and understood that the Contracting Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire Service Provider on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire Service Provider herein containedcontained but subject to Clause 4 (Conditions Precedent), the Contracting Authority, in accordance with the terms and conditions set forth herein, hereby grants to the ConcessionaireService Provider, commencing from the Appointed Date, leave and licence 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-Schedule A hereto (the "Licensed Premises"), on an "as is where is" basis, Site) free of any Encumbrances, to develop, operate and maintain the said Licensed PremisesSite, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed PremisesSites, 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 Project Term and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.3 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire Service Provider shall always be subject to existing rights of wayway and the Service Provider shall perform its obligations in a manner that the Project Network or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Contracting Authority to terminate the licence, 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 Service Provider or its sub-licensees, the licence 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 Service Provider hereby irrevocably appoints the Contracting Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire Service Provider a transfer or surrender of the licence granted hereunder at any time after the Concession Period Project Term has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Contracting Authority, and the Concessionaire Service Provider consents to it being registered for this purpose. 10.2.6 It is expressly agreed that that: (i) trees on the Site are property of the Contracting Authority except that the Concessionaire Service Provider shall be entitled to exercise usufructuary rights thereon in respect of such trees during the Concession Period.Project Term; 10.2.7 All (ii) Collection and appropriation of any Fee for the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by use of Project Network or any part thereof do not form part of the Authority before providing Right of Way license granted to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assetsService Provider under this Agreement.

Appears in 2 contracts

Samples: Project Agreement, Project Agreement

Licence, Access and Right of Way. 10.2.1 The Authority MOR hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority MOR 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityMOR, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-Schedule A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights right of wayway and the Concessionaire shall perform its obligations in a manner that any existing lane along the alignment of or across the Rail System or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority MOR to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority MOR (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the AuthorityMOR, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority MOR except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 2 contracts

Samples: Construction Contract, Construction Agreement

Licence, Access and Right of Way. 10.2.1 11.2.1 The Authority hereby grants to the Concessionaire Operator access to the Site Terminal for carrying out any surveys, investigations and soil tests that the Concessionaire Operator may deem necessary during the Development Period, it period between the Effective Date and the 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 Operator on or about the Site Terminal pursuant hereto in the event of Termination or otherwise. 10.2.2 11.2.2 In consideration of the Concession Feepayment of the Royalty, this Agreement Contract and the covenants and warranties on the part of the Concessionaire herein containedOperator contained herein, the Authority, in accordance with the terms and conditions set forth herein, Authority hereby grants to the ConcessionaireOperator, commencing from the Appointed DateDate and upto the date of Termination, leave and licence rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising forming part of the Site Terminal which is described, delineated and shown in Schedule-A hereto Schedule 1 (the "Licensed Premises"Details of Terminal), on an "as is where is" basis, free of any Encumbrancesencumbrances, to develop, operate and maintain the said Licensed PremisesTerminal, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed Premiseswhatsoever, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Operating Period and, for the purposes permitted under this AgreementContract, and for no other purpose whatsoever, in accordance with the terms and conditions set forth herein. 10.2.3 11.2.3 The licence, access and Right of Way granted by this Agreement Contract to the Concessionaire Operator in respect of land and water channels shall always be subject to existing rights of wayway and the Operator shall perform its obligations in a manner that the existing land and water channels or an alternative thereof are open to traffic at all times during the Operation Period. 10.2.4 It is expressly agreed that the 11.2.4 The licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, upon the Termination of this Agreement Contract for any reason whatsoever. For the avoidance of doubt, the The Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site Terminal by the Concessionaire Operator or its sub-licensees, the licence in respect of the Site Terminal shall automatically terminate, without any further act of the Parties, upon Termination of this AgreementContract. 10.2.5 11.2.5 The Concessionaire Operator hereby irrevocably appoints the Authority (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire Operator a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereofTermination, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire Operator consents to it being registered for this purpose. 10.2.6 11.2.6 It is expressly agreed that trees on in the Site Terminal are property of the Authority except that the Concessionaire Operator shall be entitled to exercise usufructuary rights thereon during the Concession Operating Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 2 contracts

Samples: Operation and Management Contract, Operation and Management Contract

Licence, Access and Right of Way. 10.2.1 The Concessioning Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, and investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Concessioning 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Concessioning Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, during the Conditions Precedent Period or commencing from the Appointed DateDate or any other date when the possession of any Project Site is provided, leave and licence rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Project Site which is are described, delineated and shown in Schedule-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Concessioning Authority to terminate the licence, 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 Project Site by the Concessionaire or its sub-licensees, the licence in respect of the Project Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Concessionaire hereby irrevocably appoints the Concessioning Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Concessioning Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Project Site are property of the Concessioning Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority MPRDC hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority MPRDC 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityMPRDC , in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that existing lanes of the Project Highway or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority MPRDC to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority MPRDC (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the AuthorityMPRDC, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority MPRDC except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site Licensed Premises for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 Premises pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of the Concession FeeTransmission Services, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site real estate which is described, delineated and shown in Schedule-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that the existing roads along the alignment of the Transmission System or an alternative thereof are open to road traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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 Licensed Premises by the Concessionaire or its sub-licensees, the licence in respect of the Site Licensed Premises shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Concessionaire hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site Licensed Premises are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Transmission Agreement

Licence, Access and Right of Way. 10.2.1 10.2.1. The Contracting Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests tests, at its own cost, that the Concessionaire may deem necessary during the Development Periodprior to Appointed Date, it being expressly agreed and understood that the Contracting 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 10.2.2. In consideration of the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Contracting Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date the license to undertake tolling activities in terms hereof, and with effect from "[....] O&M Handover Date", the leave and licence license rights in respect of all the remaining land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 10.2.3. The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that Project Highway or an alternative thereof are open to traffic at all times during the Concession Period. 10.2.4 10.2.4. It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Contracting Authority to terminate the licence, 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-licensees, the licence in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 10.2.5. The Concessionaire hereby irrevocably appoints the Contracting Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Contracting Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 10.2.6. It is expressly agreed that trees on the Site are property of the Contracting Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Periodprior 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date the license to undertake tolling activities in terms hereof, and with effect from “[....] O&M Handover Date]”, the leave and licence license rights in respect of all the remaining land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premisespremises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 . The licencelicense, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way. 10.2.4 way and the Concessionaire shall perform its obligations in a manner that Project Highway or an alternative thereof are open to traffic at all times during the Concession Period. It is expressly agreed that the licence license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licencelicense, 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-licensees, the licence license 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 hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 Purpose. It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All . {The Authority’s Representative, the existing movable assetsConcessionaire and the Independent Engineer shall, present at on a mutually agreed date and time inspect the portion of Site as required for tolling activities and prepare a memorandum containing an inventory of such as furniture’sportion to be handled over for undertaking Tolling Obligations, sign boardsincluding the structures, electrical appliances etcand any other immovable property on or attached to such portion of site. The Authority’s Representative and the Concessionaire shall be duly taken into custody prior to O&M Handover Date}14, on a mutually agreed date and time, inspect the {remaining portion of the}15 Site and prepare a memorandum containing an inventory of the {balance portion of the}16 Site including the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the said portion of Site. Signing of the aforesaid respective memorandums, in two counterparts (each of which shall constitute an original), by the Authority before providing authorised representatives of the Parties shall, subject to the provisions of Clause 10.2.2, be deemed to constitute a valid license and Right of Way to the ConcessionaireConcessionaire for free and unrestricted use of the vacant and unencumbered Site {or portion thereof, as the case may be}17, during the Concession Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. On and after signing the memorandum(s) referred to in Clause 10.3.1, and until the Transfer Date, the concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or occupation on any part thereof, the Concessionaire shall report such encroachment or occupation forthwith to the Authority and undertake its removal at its cost and expenses. The Concessionaire besides using manpower, shall use appropriate technology for the purpose of maintaining round-the-clock xxxxx over the Site. ––––––––––––––––––– 14 To be inserted in case of Annuity Concession/ New EPC 15 To be removed in case of Item Rate 16 To be removed in case of Item Rate 17 To be delected in cse of Item Rate The Concessionaire may procure at its cost and expense and on its own the land that may be required by the Additional Facilities and the Authority shall have no obligation or liability in respect thereof. For the avoidance of doubt, the Concessionaire shall seek prior consent of the Authority to connect any Additional Facility to the Project Highway and such consent shall not be unreasonably withheld. Subject to the provisions of Clause 10.3, the Site shall be made available by the authority to the Concessionaire pursuant hereto free from all Encumbrances and occupations and without the Concessionaire being required to make any payment to the authority on account of any costs, compensation, expenses and charges for the acquisition and use of such Site for the duration of the Concession Period, except insofar as otherwise expressly provided in this Agreement. For the avoidance of doubt, it is agreed that existing rights of way, easements, privileges, liberties and appurtenances to the Licensed Premises shall not be deemed to be Encumbrances. It is further agreed that the Concessionaire accepts and undertakes to bear and all risks arising of the inadequacy or physical condition of the Site. During the Concession Period, the Concessionaire shall protect the Site from any and all occupations, encroachments or Encumbrances, and shall not place or create concessionaire to place or create any Encumbrance or security interest overall or any part of the Site or the Project Assets, or on any rights the Concessionaire therein or under this Agreement, save and except as otherwise expressly set forth in this Agreement The Concessionaire shall bear all costs and charges for any special or temporary right of way required by it in connection with access to the site. The concessionaire shall obtain at its cost such facilities on or outside the site as may be required by it for the purposes of the project Highway and the performance of its obligations under this Agreement. The license, right of way and right to the site granted to the Concessionaire hereunder shall always be subject to the right of access of the Authority and the independent Engineer and their employees and agents for inspection, viewing and exercise of their rights and performance of their obligations under this Agreement. It is expressly agreed that mining, archeological righs do not form part of the license granted to the Concessionaire under this agreement and the Concessionaire hereby acknowledges that it shall not have any mining rights or interest in the underlying minerals, fossils, antiquities, structures or other remnants or things either of particular geological or archaeological interest and that such rights, interest and property on or under the Site shall vest in and belong to the Authority or the concerned Government Instrumentality. The Concessionaire shall bear take all reasonable precautions to prevent its workmen or any other person from removing or damaging such interest or property and shall inform the cost Authority forthwith of the discovery thereof and comply with such instructions as the concerned Government Instrumentally may reasonably give for demolition the removal of immovable structures/ assetssuch property. For the avoidance of doubt, it is agreed that any reasonable expenses incurred by the Concessionaire hereunder shall be reimbursed by the Authority. It is also agreed that the Government shall procure that the instructions hereunder are issued by the concerned Government Instrumentality within a reasonable period.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority MOR hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority MOR 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityMOR, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-Schedule A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights right of wayway and the Concessionaire shall perform its obligations in a manner that anyexisting lane along the alignment of or across the Rail System or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority MOR to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority MOR (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the AuthorityMOR, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority MOR except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Construction Agreement

Licence, Access and Right of Way. DRAFT 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession FeeProject, this Concession 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any EncumbrancesEncumbrances and Encroachments, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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, and only for the purposes permitted under this Concession Agreement, and for no other purpose whatsoever. 10.2.3 The licence, access and Right of Way granted by this Concession Agreement to the Concessionaire shall always be subject to existing rights right of wayway and the Concessionaire shall perform its obligations in a manner that any existing railway line along the alignment of or across the Project or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, upon the Termination of this Concession 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-licensees, the licence in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Concession Agreement. 10.2.5 The Concessionaire hereby irrevocably appoints the Authority (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised authorized officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority MPRDC hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority MPRDC 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityMPRDC, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that two existing lanes of the Project Highway or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority MPRDC to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority MPRDC (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the AuthorityMPRDC, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority MPRDC except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority MOPIT hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority MOPIT 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 the Concession Fee, this This Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityMOPIT, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed Premises, hereditaments or premises or any part thereof belonging to or in any way anyway 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that two existing lanes of the Nijgadh - Pathlaiya section of the East West Highway or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence Licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority MOPIT to terminate the licenceLicence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority MOPIT (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence License granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the AuthorityMOPIT, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that (i) trees on the Site are property of the Authority MOPIT except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All , and (ii) mining rights do not form part of the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way licence granted to the ConcessionaireConcessionaire under this Agreement and the Concessionaire hereby acknowledges that it shall not have any mining rights or any interest in the underlying minerals on or under the Licensed Premises. The Concessionaire shall bear For the cost for demolition avoidance of immovable structures/ assetsdoubt, mining rights mean the right to mine any and all minerals or interest therein.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations investigation, study, design, engineering, procurement, financing, construction, operation and soil tests maintenance and all such activities that the Concessionaire may deem necessary during the Development Period, 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 the Concession FeeUpfront Bid Value, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto site for Sports Infrastructure Project (the "Licensed Premises")”) for the duration of the Concession Period (i.e. 35 years) with effect from the Appointed Date and leasehold rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Real Estate Project (the “Leased Premises”) for the duration of the Lease Period (i.e. 99 years) with effect from the Appointed Date on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed PremisesSite, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed PremisesSite, hereditaments or premises or any part thereof belonging to or in any way anyway 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. The annual Lease Rent of the Leased Premises shall be Re. 1/- (Rupee one) per sq. mtr., per annum. 10.2.3 The licence, access and Right of Way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that alternative right of way is made available for an existing right of way affected by the Project. 10.2.4 The licence, access, possession and Right of Way granted by this Agreement to the Concessionaire shall always be subject to Concessionaire performing its duties and responsibilities at all times during the Concession Period as per the terms and conditions of this Agreement. 10.2.5 It is expressly agreed that the licence Right of Way granted hereunder and the Land Lease Agreement shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate upon expiry/cessation of the licence, Concession Period or upon the Termination of this Agreement or the Land Lease Agreement, as the case may be, for any reason whatsoever. For the avoidance of doubtFurther, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on undertake to execute such other documents as may be required to give effect to the Site by aforesaid documents including the Concessionaire or its sub-licensees, termination agreements for the licence in respect purpose of registration of termination with the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreementappropriate authorities. 10.2.5 10.2.6 The Concessionaire hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license or the lease, as the case may be, granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 10.2.7 It is expressly agreed that that: (i) trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period; (ii) any archaeological discoveries shall belong to and vest in the Authority and the Concessionaire shall promptly report the discovery thereof to the Authority and follow its instructions for safe removal thereof; and (iii) mining rights, excluding mining for the purposes of construction of the Project, do not form part of the licence granted to the Concessionaire under this Agreement and the Concessionaire hereby acknowledges that it shall not have any mining rights or any interest in the underlying minerals or fossils on or under the Licensed Premises other than that required for aforesaid construction purposes. For the avoidance of doubt, mining rights mean the right to mine any and all minerals or interest therein. Any statutory charges, fees etc, as may be payable shall be borne by the Concessionaire. 10.2.7 All (iv) License granted under the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by provision of this Agreement in favour of the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assetsnot be permanent grant in any circumstances whatsoever.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority MPRDC hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority MPRDC 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityMPRDC, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that [two existing lanes of the Project] Highway or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority MPRDC to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority MPRDC (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the AuthorityMPRDC, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority MPRDC except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority MSRDC hereby grants to the Concessionaire access to the Site site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority MSRDC 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 the Concession FeeUpfront Payment, this Agreement and the covenants and warranties on the part of the Concessionaire herein containedherein, the AuthorityMSRDC, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and licence rights in respect of all the land Land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the "Licensed Premises"), on an "as is where is" is basis, free of any Encumbrances, to develop, operate and maintain the said Licensed licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed Premises, hereditaments or premises or any part thereof belonging to or in any way anyway 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights right of wayway and the Concessionaire shall perform its obligations in a manner that the Project Roads or an alternative thereof are open to traffic at all times during the Construction period. 10.2.4 It is expressly agreed that the licence Licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority MSRDC to terminate the licenceLicence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority MSRDC (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence License granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the AuthorityMSRDC, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that (i) trees on the Site are property of the Authority KMC, Kolhapur except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All , and (ii) mining rights do not form part of the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way licence granted to the ConcessionaireConcessionaire under this Agreement and the Concessionaire hereby acknowledges that it shall not have any mining rights or any interest in the underlying minerals on or under the Licensed Premises. The Concessionaire shall bear For the cost for demolition avoidance of immovable structures/ assetsdoubt, mining rights mean the right to mine any and all minerals or interest therein.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession FeeProject, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising thereon)comprising the Site which is described, delineated and shown in Schedule-A hereto (the "Licensed Premises"), on an "as is where is" is “ basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that minimises hardships or inconvenience of Users and other persons during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed Premises, hereditaments or premises or any part thereof belonging to or in any way anyway 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that [two existing lanes of the Project] Highway or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence Licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licenceLicence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees thattrees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.;

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority Government hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Periodprior to COD, it being expressly agreed and understood that the Authority t hat t he Government shall have no liability whatsoever liabilit y w hat soever 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 I n consideration of the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityGovernment, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed DateCOD, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with wit h all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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. For the avoidance of doubt, the Government shall have the option to grant rights in respect of Dehlon Byepass (along with any buildings, constructions or immovable assets, if any, thereon) later on pursuant to completion of construction by the Government, as and when completed on “ as is where is” basis. 10.2.3 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to t o existing rights of wayway and t he Concessionaire shall perform its obligations in a manner that Project Highway or an alternative thereof are open to t raffic at all t xxxx during the Concession Period. 10.2.4 It I t is expressly agreed that the licence granted hereunder shall terminate t hat t h e l icence gran t ed h ereun der sh all t er m in at e automatically and forthwith, without the need for any action to be taken by the Authority t he Government to terminate the licence, 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 it s sub-licensees, the licence in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this AgreementAgreement . 10.2.5 The Concessionaire hereby irrevocably appoints the Authority Government (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence t he license granted hereunder at any time after the t ime aft er t he Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised authorized officer of the AuthorityGovernment, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It I t is expressly agreed that trees on the Site are property of the Authority Government except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority GOTN, HD hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority GOTN, HD 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityGOTN, HD, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed Premises, hereditaments or premises or any part thereof belonging to or in any way anyway 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that at least [two existing lanes of the Project] Highway or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence Licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority GOTN, HD to terminate the licenceLicence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority GOTN, HD (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence License granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the AuthorityGOTN, HD, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that that: (i) trees on the Site are property of the Authority GOTN, HD except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period; (ii) any archaeological discoveries shall belong to and vest in the Government and the Concessionaire shall promptly report the discovery thereof to GOTN, HD and follow its instructions for safe removal thereof; (iii) mining rights do not form part of the licence granted to the Concessionaire under this Agreement and the Concessionaire hereby acknowledges that it shall not have any mining rights or any interest in the underlying minerals or fossils on or under the Licensed Premises. For the avoidance of doubt, mining rights mean the right to mine any and all minerals or interest therein. 10.2.7 All (iv) collection and appropriation of Fee for the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etcuse of Project Highway or any part thereof do not form part of the License granted to the Concessionaire under this Agreement. shall be duly taken into custody by the Authority before providing and (v) Reserved Land do not form part of Right of Way to and the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assetsnot have any right on Reserved Land.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Concessioning Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, and investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Concessioning 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Concessioning Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, during the Conditions Precedent Period or commencing from the Appointed DateDate or any other date when the possession of any Project Site is provided, leave and licence rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Project Site which is are described, delineated and shown in Schedule-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Concessioning Authority to terminate the licence, 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 Project Site by the Concessionaire or its sub-sub- licensees, the licence in respect of the Project Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Concessionaire hereby irrevocably appoints the Concessioning Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Concessioning Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Project Site are property of the Concessioning Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. Downloaded from 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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.. xxx.xxxxxx.xxx 10.2.2 In consideration of the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that Bus Terminal or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.Downloaded from

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority Government hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority Government 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityGovernment, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that two existing lanes along the alignment of the Rail System or an alternative thereof are open to road traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority Government to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority Government (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the AuthorityGovernment, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority Government except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Monthly Concession FeeFee specified in Article 31 and the License Fee specified in Article 30, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-Schedule A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that the Heliport is open to Users at all times during the Concession Period, save and except during the hours for which closure thereof shall have been permitted by the Authority. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed Premises, hereditaments or premises or any part thereof belonging to or in any way anyway 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way., if any.. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

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Licence, Access and Right of Way. 10.2.1 10.2.1. The Authority hereby grants to the Concessionaire Concessionaire, subject to security restrictions and other terms of this Agreement, access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 10.2.2. In consideration of the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (as the "Licensed Premises")Site, on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed PremisesSite, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed PremisesSite, 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 10.2.3. The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that the Airport is open to Users at all times during the Concession Period, save and except during the hours for which closure thereof shall have been permitted by the Authority. 10.2.4 10.2.4. It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 10.2.5. The Concessionaire hereby irrevocably appoints the Authority (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 10.2.6. It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. Downloaded from xxx.xxxxxx.xxx 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that Bus Terminal or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose.. Downloaded from 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityAuthority , in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that are open to road traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that 11.1 O&M obligations of the licence granted hereunder Concessionaire 11.1.1 During the Operation Period, the Concessionaire shall terminate automatically operate and forthwith, without maintain the need for any action to be taken by the Authority to terminate the licence, upon the Termination of Tourism Infrastructure Complex in accordance with this Agreement for any reason whatsoever. For either by itself, or through the avoidance of doubtO&M Contractor and if required, modify, repair or otherwise make improvements to the Parties expressly agree that notwithstanding any temporary or permanent structures erected on Tourism Infrastructure Complex to comply with the Site by the Concessionaire or its sub-licensees, the licence in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination provisions of this Agreement. 10.2.5 , Applicable Laws and Applicable Permits, and conform to Specifications and Standards and Good Industry Practice. The Concessionaire hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name obligations of the Concessionaire hereunder shall include: (a) operation and maintenance of all Project Assets diligently and efficiently in accordance with Good Industry Practice; (b) maintaining punctuality and reliability in operating the Tourism Infrastructure Complex (c) maintaining a transfer or surrender high standard of cleanliness and hygiene; (d) complying with Safety Requirements as set out in Article 12; (e) protection of the licence granted hereunder at any time after environment and provision of equipment and materials therefor; (f) routine maintenance of buildings, roads, parks, fences, animal enclosures, water supply system, drains, lighting, communication control & administrative systems and the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer entire property of the AuthorityTourism Infrastructure Complex; (g) periodic preventive maintenance of all equipment and infrastructural facilities including replacement, and the Concessionaire consents to it being registered whenever necessary; (h) carrying out major maintenance works / repairs, wherever required; encies for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.;

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority MPRDC hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations investigation and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority MPRDC shall have no liability whatsoever in respect of survey, investigations investigation and tests test 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityMPRDC , in accordance with the terms and conditions condition set forth herein, hereby grants to the Concessionaireconcessionaire, commencing from the Appointed Date, leave and licence rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site site which is describeddescribed , delineated and shown in Schedule-A hereto (the "Licensed “Licenced Premises"), on an "as is where is" basis, free of any EncumbrancesEncumbrances , to develop, operate and maintain the said Licensed Licence Premises, together with all and the singular rights, liberties, privileges, easements easement and appurtenances whatsoever to the said Licensed Licenced Premises, hereditaments here-ditaments or premises or any part thereof belonging to or in any way anyway appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, and for the purposes permitted under this AgreementAgreement , and for no other purpose whatsoever. 10.2.3 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligation in a manner that two existing lanes of the Project Highway or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence Licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority MPRDC to terminate the licenceLicence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority MPRDC (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence Licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms terms, hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the AuthorityMPRDC, and the Concessionaire consents to it being registered for this the purpose. 10.2.6 It is expressly agreed that that (i) trees on the Site Sites are property of the Authority MPRDC except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period., 10.2.7 All (ii) any archaeological discoveries shall belong to and vest in the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. MPRDC and the Concessionaire shall be duly taken into custody by promptly report the Authority before providing Right of Way discovery thereof to the ConcessionaireMPRDC and follow its instructions for safe removal thereof; and (iii) mining rights do not form part of the licence granted to the Concessionaire under this Agreement and the Concessionaire hereby acknowledges that it shall not have any mining rights or any interest in the underlying minerals on or under the Licenced Premises. The Concessionaire shall bear For the cost for demolition avoidance of immovable structures/ assetsdoubt, mining rights means the right to mine any and all minerals or interest therein.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 9.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Concession Period, 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 under taken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 9.2.2 In consideration of the Concession FeeProject, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate develop and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 9.2.3 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that minimises hardships or inconvenience of any persons during the Construction Period. 10.2.4 9.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 9.2.5 The Concessionaire hereby irrevocably appoints the Authority (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 9.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority Government hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority Government 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityGovernment, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that two existing lanes of the Project Highway or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority Government to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority Government (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the AuthorityGovernment, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority Government except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right of Way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Periodprior 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 the Concession Fee, 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 grants to the Concessionaire, commencing from Appointed Date the Appointed license to undertake tolling activities in terms hereof, and with effect from “[….] O&M Handover Date, the leave and licence license rights in respect of all the remaining land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that Project Highway or an alternative thereof are open to traffic at all times during the Concession Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 1) The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 2) In consideration of the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right of Way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way. 10.2.4 3) It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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 Site. by the Concessionaire or its sub-licensees, the licence license in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 4) The Concessionaire hereby irrevocably appoints the Authority (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 5) It is expressly agreed that with regard to the trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights including but not limited to its use as commercial timber or biomass thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Periodprior 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date the license to undertake tolling activities in terms hereof, and with effect from “{O&M Handover Date, ”} the leave and licence license rights in respect of all the remaining land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that Project Road or an alternative thereof are open to traffic at all times during the Concession Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right of Way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way. 10.2.4 . It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 . It is expressly agreed that with regard to the trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority MOR hereby grants agrees to grant to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during prior to the Development commencement of the Construction Period, it being expressly agreed and understood that the Authority MOR 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityMOR, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and licence rights in respect of all the land (along with any buildings, constructions constructions, construction materials or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed Premises, hereditaments or premises or any part thereof belonging to or in any way anyway 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that existing lanes, if any, along the alignment of or across the Rail System or an alternative thereof are open to road traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority MOR to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority MOR (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the AuthorityMOR, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority MOR except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Construction Agreement

Licence, Access and Right of Way. 10.2.1 The Authority MPRDC hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority MPRDC 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityMPRDC, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that two existing lanes of the Project Highway or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority MPRDC to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority MPRDC (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the AuthorityMPRDC, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority MPRDC except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority MPRDC hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations investigation and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority MPRDC shall have no liability whatsoever in respect of survey, investigations investigation and tests test 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityMPRDC , in accordance with the terms and conditions condition set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and licence rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site site which is describeddescribed , delineated and shown in Schedule-A hereto (the "Licensed “Licenced Premises"), on an "as is where is" basis, free of any EncumbrancesEncumbrances , to develop, operate and maintain the said Licensed Licenced Premises, together with all and the singular rights, liberties, privileges, easements easement and appurtenances whatsoever to the said Licensed Licenced Premises, hereditaments or premises or any part thereof belonging to or in any way anyway appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, and for the purposes permitted under this AgreementAgreement , and for no other purpose whatsoever. 10.2.3 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligation in a manner that two existing lanes of the Project Highway or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence Licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority MPRDC to terminate the licenceLicence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority MPRDC (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence Licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms terms, hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the AuthorityMPRDC, and the Concessionaire consents to it being registered for this the purpose. 10.2.6 It is expressly agreed that that (i) trees on the Site are property of the Authority MPRDC except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period., 10.2.7 All (ii) any archaeological discoveries shall belong to and vest in the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. MPRDC and the Concessionaire shall be duly taken into custody by promptly report the Authority before providing Right of Way discovery thereof to the ConcessionaireMPRDC and follow its instructions for safe removal thereof; and (iii) mining rights do not form part of the licence granted to the Concessionaire under this Agreement and the Concessionaire hereby acknowledges that it shall not have any mining rights or any interest in the underlying minerals or fossils on or under the Licenced Premises. The Concessionaire shall bear For the cost for demolition avoidance of immovable structures/ assetsdoubt, mining rights means the right to mine any and all minerals or interest therein.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed Premises, hereditaments or premises or any part thereof belonging to or in any way anyway 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that [two existing lanes of the Project] Highway or an alternative thereof are open to traffic at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence Licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licenceLicence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.;

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority Government hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Periodprior to COD, it being expressly agreed and understood that the Authority Government 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the AuthorityGovernment, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed DateCOD, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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. For the avoidance of doubt, the Government shall have the option to grant rights in respect of Dehlon Byepass (along with any buildings, constructions or immovable assets, if any, thereon) later on pursuant to completion of construction by the Government, as and when completed on “as is where is” basis. 10.2.3 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that Project Highway or an alternative thereof are open to traffic at all times during the Concession Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority Government to terminate the licence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority Government (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised authorized officer of the AuthorityGovernment, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority Government except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 11.2.1 The Concessioning Authority hereby grants to the Concessionaire access to the Site Sites for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Concessioning 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 11.2.2 In consideration of the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Concessioning Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and licence rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site Project Sites which is are described, delineated and shown in Schedule-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 11.2.3 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way. 10.2.4 11.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Concessioning Authority to terminate the licence, 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 Project Sites by the Concessionaire or its sub-licensees, the licence in respect of the Site Project Sites shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 11.2.5 The Concessionaire hereby irrevocably appoints the Concessioning Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Concessioning Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 11.2.6 It is expressly agreed that trees on the Site Project Site(s) are property of the Concessioning Authority except that the Concessionaire shall be entitled to exercise usufructuary satisfactory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Concessioning Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, and investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Concessioning 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 the Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Concessioning Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, during the Conditions Precedent Period or commencing from the Appointed DateDate or any other date when the possession of any Project Site is provided, leave and licence rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Project Site which is are described, delineated and shown in Schedule-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Concessioning Authority to terminate the licence, 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 Project Site by the Concessionaire or its sub-sub- licensees, the licence in respect of the Project Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Concessionaire hereby irrevocably appoints the Concessioning Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence license granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Concessioning Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Project Site are property of the Concessioning Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Annual License Fee, this Agreement and the covenants and warranties on the part of the Concessionaire Operator herein contained, the AuthoritySPV, in accordance with the terms and conditions set forth herein, hereby grants to the ConcessionaireOperator, commencing from the Appointed DateCOD, leave and licence license 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain manage the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 entire Term and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.3 The licence, access and Right of Way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way. 10.2.4 10.2.2 It is expressly agreed that the licence Licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority SPV to terminate the licenceLicence, 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-licensees, the licence in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 10.2.3 The Concessionaire Operator hereby irrevocably appoints the Authority SPV (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire Operator a transfer or surrender of the licence License granted hereunder at any time after the Concession Period Term has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the AuthoritySPV, and the Concessionaire Operator consents to it being registered for this purpose. 10.2.6 10.2.4 It is expressly agreed that that (i) trees on the Site are property of the Authority SPV except that the Concessionaire Operator shall be entitled to exercise usufructuary usufructary rights thereon during the Concession Period.Term; 10.2.7 All (ii) any archaeological discoveries shall belong to and vest in the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. Government and the Operator shall be duly taken into custody by promptly report the Authority before providing Right of Way discovery thereof to the ConcessionaireSPV and follow its instructions for safe removal thereof; and (iii) mining rights do not form part of the licence granted to the Operator under this Agreement and the Operator hereby acknowledges that it shall not have any mining rights or any interest in the underlying minerals or fossils on or under the Licensed Premises. The Concessionaire shall bear For the cost for demolition avoidance of immovable structures/ assetsdoubt, mining rights mean the right to mine any and all minerals or interest therein.

Appears in 1 contract

Samples: Operation Services Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 the Concession Fee, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence 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-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed Premises, hereditaments or premises or any part thereof belonging to or in any way anyway 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 The licence, access and Right of Way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that existing bus port is operational at all times during the Construction Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licenceLicence, 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-licensees, the licence 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 hereby irrevocably appoints the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.;

Appears in 1 contract

Samples: Concession Agreement

Licence, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site Licensed Premises for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, 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 Premises pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of the Concession FeeStorage Services, 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 grants to the Concessionaire, commencing from the Appointed Date, leave and licence rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site real estate which is described, delineated and shown in Schedule-A hereto (the "Licensed Premises"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed 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 The licence, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing rights of wayway and the Concessionaire shall perform its obligations in a manner that the existing roads within the Site or an alternative thereof are open to traffic at all times during the Concession Period. 10.2.4 It is expressly agreed that the licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licence, 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 Licensed Premises by the Concessionaire or its sub-sub- licensees, the licence in respect of the Site Licensed Premises shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Concessionaire hereby irrevocably appoints the Authority (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the licence granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site Licensed Premises are property of the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. 10.2.7 All the existing movable assets, present at Site such as furniture’s, sign boards, electrical appliances etc. shall be duly taken into custody by the Authority before providing Right of Way to the Concessionaire. The Concessionaire shall bear the cost for demolition of immovable structures/ assets.

Appears in 1 contract

Samples: Concession Agreement

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