Common use of Licence and Right of Way for Depot Sites Clause in Contracts

Licence and Right of Way for Depot Sites. 10.2.1 The Authority hereby grants to the Operator access to the Depot Site for carrying out any surveys, investigations and soil tests that the Operator may deem necessary prior to 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 Operator on or about the Depot Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of the license fee of [Re.1 (Rupee One) per annum,] this Agreement and the covenants and warranties on the part of the Operator herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Operator, effective from the dates specified in this Clause 10.2, leave and licence rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Depot Sites at {**** and ****} 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, any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of this Agreement and, solely for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.3 The Authority shall provide and grant to the Operator, vacant access, constructive possession and Right of Way to the Depot Site on or prior to the dates specified below: (a) the Depot Site situated at {****} shall be provided within {***} months of the Appointed Date; and (b) the Depot Site situated at {***} shall be provided within {***} months of the Appointed Date. 10.2.4 In the event that the Authority fails to provide the Depot Site on or prior to the date specified in this Clause 10.2, it shall pay to the Operator as Damages, Rs. [10,000 (Rupees ten thousand)] per day for each day of delay until vacant possession thereof is delivered to the Operator. For the avoidance of doubt, the Parties agree that performance of Maintenance Obligations by the Operator shall be subject to the grant of the license and Right of Way with respect to Depot Sites hereunder and in the event of any delay, the Parties shall, in good faith, determine alternative arrangements thereof. 10.2.5 Notwithstanding the provisions of Clause 10.2.2, the licence granted in respect of the Depot Sites hereunder shall expire in respect of such Depot Sites upon the transfer of the relevant Maintenance Depots under and in accordance with the provisions of Clause 17.14. 10.2.6 The Operator hereby irrevocably appoints the Authority (acting directly or through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Operator, a transfer or surrender of the license granted/ to be granted hereunder at any time after the Contract 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 Operator consents to it being registered for this purpose.

Licence and Right of Way for Depot Sites. 10.2.1 The Authority hereby grants to the Operator access to the Depot Site for carrying out any surveys, investigations and soil tests that the Operator may deem necessary prior to 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 Operator on or about the Depot Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of the license fee of [Re.1 (Rupee One) per annum,] this Agreement and the covenants and warranties on the part of the Operator herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Operator, effective from the dates specified in this Clause 10.2, leave and licence rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Depot Sites at {**** and ****} 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, any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of this Agreement and, solely for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.3 The Authority shall provide and grant to the Operator, vacant access, constructive possession and Right of Way to the Depot Site on or prior to the dates specified below: (a) the Depot Site situated at {****} shall be provided within {***} months of the Appointed Date; and (b) the Depot Site situated at {***} shall be provided within {***} months of the Appointed Date. 10.2.4 In the event that the Authority fails to provide the Depot Site on or prior to the date specified in this Clause 10.2, it shall pay to the Operator as Damages, Rs. [10,000 (Rupees ten thousand)] per day for each day of delay until vacant possession thereof is delivered to the Operator. For the avoidance of doubt, the Parties agree that performance of Maintenance Obligations by the Operator shall be subject to the grant of the license and Right of Way with respect to Depot Sites hereunder and in the event of any delay, the Parties shall, in good faith, determine alternative arrangements thereof. 10.2.5 Notwithstanding the provisions of Clause 10.2.2, the licence granted in respect of the Depot Sites hereunder shall expire in respect of such Depot Sites upon the transfer of the relevant Maintenance Depots under and in accordance with the provisions of Clause 17.14. 10.2.6 The Operator hereby irrevocably appoints the Authority (acting directly or through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Operator, a transfer or surrender of the license granted/ to be granted hereunder at any time after the Contract Period has expired or has been terminated earlier in terms hereofpursuant hereunder, a sufficient proof of which will be the declaration of any duly authorised officer of the Authority, and the Operator consents to it being registered for this purpose.

Licence and Right of Way for Depot Sites. 10.2.1 The Authority hereby grants to the Operator access to the Depot Site for carrying out any surveys, investigations and soil tests that the Operator may deem necessary prior to 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 Operator on or about the Depot Site pursuant hereto in the event of Termination or otherwise. 10.2.2 . In consideration of the license fee of [Re.1 (Rupee One) per annum,] this Agreement and the covenants and warranties on the part of the Operator herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Operator, effective from the dates specified in this Clause 10.2, leave and licence rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Depot Sites at {**** and ****} 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, any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of this Agreement and, solely for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.3 . The Authority shall provide and grant to the Operator, vacant access, constructive possession and Right of Way to the Depot Site on or prior to the dates specified below: (a) : the Depot Site situated at {****} shall be provided within {***} months of the Appointed Date; and (b) and the Depot Site situated at {***} shall be provided within {***} months of the Appointed Date. 10.2.4 . In the event that the Authority fails to provide the Depot Site on or prior to the date specified in this Clause 10.2, it shall pay to the Operator as Damages, Rs. [10,000 (Rupees ten thousand)] per day for each day of delay until vacant possession thereof is delivered to the Operator. For the avoidance of doubt, the Parties agree that performance of Maintenance Obligations by the Operator shall be subject to the grant of the license and Right of Way with respect to Depot Sites hereunder and in the event of any delay, the Parties shall, in good faith, determine alternative arrangements thereof. 10.2.5 . Notwithstanding the provisions of Clause 10.2.2, the licence granted in respect of the Depot Sites hereunder shall expire in respect of such Depot Sites upon the transfer of the relevant Maintenance Depots under and in accordance with the provisions of Clause 17.14. 10.2.6 . The Operator hereby irrevocably appoints the Authority (acting directly or through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Operator, a transfer or surrender of the license granted/ to be granted hereunder at any time after the Contract 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 Operator consents to it being registered for this purpose.. Procurement of the Depot Site Pursuant to the notice specified in Clause 4.1.2, the Authority Representative and the Operator shall, on a mutually agreed date and time, inspect the Depot Site and prepare a memorandum containing an inventory of the Depot Site including the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Depot Site. Such memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Depot Site to which vacant possession has not been granted to the Operator. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.2.2, be deemed to constitute a valid licence and Right of Way to the Operator for free and unrestricted use and development of the vacant and unencumbered Depot Site during the Contract Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For the avoidance of doubt, it is agreed that possession with respect to the parts of the Depot Site as set forth in the Appendix shall be deemed to have been granted to the Operator upon vacant access thereto being provided by the Authority to the Operator. Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that the Authority shall have granted vacant possession and Right of Way such that the Appendix shall not include more than 10% (ten per cent) of the total area of the Site required and necessary for the Maintenance Depots and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, the Authority shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. On and after signing the memorandum referred to in Clause 10.3.1, and until the Transfer Date, the Operator shall maintain a round-the-clock xxxxx over the Depot 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 Operator shall report such encroachment or occupation forthwith to the Authority and undertake its removal at its cost and expenses. The Authority shall make best efforts to procure and grant, no later than 90 (ninety) days from the Appointed Date, the Right of Way to the Operator in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Operator, it shall pay to the Operator, Damages in a sum calculated at the rate of Rs. [1,000 (Rupees one thousand)] per day for every [500 (five hundred)] square metres or part thereof, commencing from the [91st (ninety first)] day of the Appointed Date and until such Right of Way is procured. The Operator may, if so requested by the Authority, procure on behalf of the Authority, on the terms and to the extent specified by the Authority, the additional land required for [ancillary buildings and electric sub-stations or for] construction of works specified in Change of Scope Order issued under Article 15, in accordance with this Agreement and upon procurement, such land shall form part of the Depot Site and vest in the Authority; provided that the Operator may, by notice given to the Authority no later than 60 (sixty) days from [the Appointed Date or the date of Change of Scope Order, as the case may be,] require the Authority to initiate and undertake proceedings for acquisition of such land under the provisions of the Applicable Laws and the Authority shall take all such steps as may be reasonably necessary for such land acquisition forthwith; provided further that the cost of land acquired under this Clause 10.3.5 shall be borne by the Authority in accordance with Applicable Laws; provided also that the land to be acquired by the Authority hereunder as a part of the Depot Site shall be deemed to be included in the Appendix referred to in this Clause 10.3 and dealt with in accordance with the provisions thereof. For the avoidance of doubt, it is agreed that the minimum area of land to be acquired for the ancillary buildings, electric sub-stations and approach roads thereof shall conform to the provisions of Schedule-