License, Access and Right of Way. The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveys, investigation, study, design, engineering, and procurement, in relation to all such activities that the Concessionaire may deem necessary during the development period, it being expressly agreed and understood that the Authority / SSNNL / FED 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. In consideration of the Total Annual Premium, this Agreement and the covenants and warranties on the part of the Concessionaire herein, the Authority / SSNNL / FED, in accordance with the terms and conditions set forth herein, grants to the Concessionaire, commencing from the Effective Date, Concession rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 (along with any buildings, constructions or immovable assets, if any, thereon), comprising the Site which is described, delineated and shown in Appendix VI 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 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. The license, access and Right of Way granted by this Agreement to the Concessionaire shall always be subject to existing right of way, if any, and the Concessionaire shall perform its obligations in a manner that the existing right of way or an alternative thereof are open to traffic at all times during the Construction Period. It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, upon the Termination of this Agreement for any reason whatsoever. The Concessionaire hereby irrevocably appoints the Authority / SSNNL / FED (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 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 / SSNNL / FED in such regard, and the Concessionaire consents to it being registered for this purpose. It is expressly agreed that (a) trees on the Site are property of GOG / Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period; (b) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and (c) mining rights 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 any interest in the underlying minerals 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.
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED SH&DB hereby grants to the Concessionaire on and from the Effective Date Developer access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire Developer may deem necessary during the development period, it Pre-Development Period. It is however being expressly agreed and understood that the Authority / SSNNL / FED SH&DB shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire Developer on or about the Site pursuant hereto in the event of Termination or otherwise. .
10.2.2 In consideration of the Total Annual Premiumthis Agreement, this Agreement and the covenants and warranties on the part of the Concessionaire hereinDeveloper herein contained, the Authority / SSNNL / FEDSH&DB, in accordance with the terms and conditions set forth herein, hereby grants to the ConcessionaireDeveloper, commencing from the Effective Date, Concession rights COD,
(a) Licensed Rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 (land along with any buildings, constructions or immovable assets, if any, thereon), thereon comprising the Site Residential Property which is described, delineated and shown in Appendix VI hereto (Schedule-A hereto, called the "“Licensed Premises")”; and
(b) site access to fulfill Maintenance Requirement related obligations of Residential Property, for the purposes permitted under this Agreement, and for no other purpose whatsoever; on an "“as is where is is” basis", free of any Encumbrances, to develop, operate and maintain develop 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 license period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. .
10.2.3 The license, access and Right right of Way way granted by this Agreement to the Concessionaire Developer shall always be subject to existing right of way, if any, and the Concessionaire shall perform its obligations in a manner that the existing right rights of way or an alternative thereof are open to traffic at all times during of the Construction Period. SH&DB.
10.2.4 It is expressly agreed that the license License granted hereunder and/or pursuant to this Agreement shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the licenseSH&DB, upon the Termination of this Agreement for any reason whatsoever. The Concessionaire hereby irrevocably appoints the Authority / SSNNL / FED (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 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 / SSNNL / FED in such regard, and the Concessionaire consents to it being registered for this purpose. .
10.2.5 It is expressly agreed that
(a) that trees on the Site Site, if any, are the property of GOG / Authority / SSNNL / FED the SH&DB except that the Concessionaire Developer shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Licensee Period;
(b) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals 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.
Appears in 1 contract
Samples: Development Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveyssite inspections, investigation, study, design, engineering, surveys and procurement, in relation to all such activities investigations that the Concessionaire may deem necessary during the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED shall have no liability whatsoever in respect of surveysite inspections, survey and 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. In consideration of the Total Annual Premium, this .
10.2.2 This Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession leave and license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 land (along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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 license, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing right rights of way, if any, and the Concessionaire shall perform its obligations in a manner that the existing right of way or an alternative thereof are open to traffic at all times during the Construction Period. .
10.2.4 It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, upon the Termination of this Agreement for any reason whatsoever. .
10.2.5 The Concessionaire hereby irrevocably appoints the Authority / SSNNL / FED (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 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 / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. .
10.2.6 It is expressly agreed that:
(a) trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period;
(b) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED Government and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 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.
Appears in 1 contract
Samples: Public Private Partnership Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire may deem necessary during the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED 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 Total Annual PremiumProject, this Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession leave and license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 land (along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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 license, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing right rights of way, if any, way and the Concessionaire shall perform its obligations in a manner that no existing lanes on the existing right of way 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 license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, 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 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 / SSNNL / FED (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 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 Authority / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. .
10.2.6 It is expressly agreed that
(a) that trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary usufructo. ry rights thereon during the Concession Period;
(b) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals 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.
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire may deem necessary during the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED 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 Total Annual PremiumConcession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 land (along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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 Authority agrees that it shall remove all existing equipment installed in the Health Centres prior to handing over the Site for Health Centres. The licenselicense rights, access and Right of Of Way granted by this Agreement to the Concessionaire shall always be subject to existing right rights of way, if any, and the Concessionaire shall perform its obligations in a manner that the existing right of way or an alternative thereof are open to traffic at all times during the Construction Period. .
10.2.4 It is expressly agreed that the license rights granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, 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 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 / SSNNL / FED (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 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 / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. .
10.2.6 It is expressly agreed that
(a) that trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period;
(b) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals 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.
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire may deem necessary during the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED shall have no liability whatsoever in respect inrespect 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. The Concessionaire acknowledges that the condition of the Site is no inferior to the condition as it was on the date of Bid Due Date.
10.2.2 In consideration of the Total Annual PremiumConcession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession leave and license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 (land along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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. The license, access and Right of Way granted by this Agreement to the Concessionaire shall always be subject to existing right of way, if any, and the Concessionaire shall perform its obligations in a manner that the existing right of way or an alternative thereof are open to traffic at all times during the Construction Period. .
10.2.3 It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, upon the Termination Termination/expiry 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-licensee(s)/Contractor(s)/Sub-Contractor(s), agent(s), representative(s) the license in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement.
10.2.4 The Concessionaire hereby irrevocably appoints the Authority / SSNNL / FED (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 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 / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. .
10.2.5 It is expressly agreed that
(a) that trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period;.
(b) any archaeological discoveries 10.2.6 The license, access and right of way granted by this Agreement to the Concessionaire shall belong always be subject to and vest in the Authority / SSNNL / FED existing rights of way and the Concessionaire shall promptly report perform its obligations in a manner that the discovery existing roads within the Site or an alternative thereof are open to traffic at all times during the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals on or under the Licensed Premises. For the avoidance of doubt, mining rights mean the right to mine any and all minerals or interest thereinConcession Period.
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date Contractor access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire Contractor may deem necessary during the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire Contractor on or about the Site pursuant hereto in the event of Termination or otherwise. .
10.2.2 In consideration of the Total Annual PremiumProject, this Agreement and the covenants and warranties on the part of the Concessionaire hereinContractor herein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the ConcessionaireContractor, commencing from the Effective Appointed Date, Concession leave and license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 land (along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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 Contract Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. The license, access and Right of Way granted by this Agreement to the Concessionaire shall always be subject to existing right of way, if any, and the Concessionaire shall perform its obligations in a manner that the existing right of way or an alternative thereof are open to traffic at all times during the Construction Period. .
10.2.3 It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, 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 Contractor or its sub-licensees, the license in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement.
10.2.4 The Concessionaire Contractor hereby irrevocably appoints the Authority / SSNNL / FED (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire Contractor a transfer or surrender of the license granted hereunder at any time after the Concession 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 authorized officer of the Authority / SSNNL / FED in such regardAuthority, and the Concessionaire Contractor consents to it being registered for this purpose. .
10.2.5 It is expressly agreed that
(a) that trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire Contractor shall be entitled to exercise usufructuary proprietary rights thereon during the Concession Contract Period;
(b) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals 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.
Appears in 1 contract
Samples: Contract Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire may deem necessary during the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED 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 Total Annual PremiumProject, this Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession leave and license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 land (along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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 license, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing right rights of way, if any, way and the Concessionaire shall perform its obligations in a manner that two existing lanes of the existing right of way 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 license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, 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 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 / SSNNL / FED (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 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 Authority / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. .
10.2.6 It is expressly agreed that
(a) that trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period;
(b) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals 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.
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire may deem necessary during the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED 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 Total Annual PremiumProject, this Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession leave and license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 land (along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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 license, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing right rights of way, if any, way and the Concessionaire shall perform its obligations in a manner that four existing lanes of the existing right of way 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 license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, 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 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 / SSNNL / FED (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 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 Authority / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. .
10.2.6 It is expressly agreed that
(a) that trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period;
(b) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals 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.
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire may deem necessary during the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED 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 Total Annual PremiumConcession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession leave and license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 (land along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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. The license, access and Right of Way granted by this Agreement to the Concessionaire shall always be subject to existing right of way, if any, and the Concessionaire shall perform its obligations in a manner that the existing right of way or an alternative thereof are open to traffic at all times during the Construction Period. .
10.2.3 It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, upon the Termination Termination/expiry 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-licensee(s)/Contractor(s)/Sub-Contractor(s), agent(s), representative(s) the license in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement.
10.2.4 The Concessionaire hereby irrevocably appoints the Authority / SSNNL / FED (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 license 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 / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. .
10.2.5 It is expressly agreed that
(a) that trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period;.
(b) any archaeological discoveries 10.2.6 The license, access and right of way granted by this Agreement to the Concessionaire shall belong always be subject to and vest in the Authority / SSNNL / FED existing rights of way and the Concessionaire shall promptly report perform its obligations in a manner that the discovery existing roads within the Site or an alternative thereof are open to traffic at all times during the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals on or under the Licensed Premises. For the avoidance of doubt, mining rights mean the right to mine any and all minerals or interest thereinConcession Period.
Appears in 1 contract
Samples: Model Concession Agreement
License, Access and Right of Way.
10.2.1. The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire may deem necessary during the development periodprior to Appointed Date, it being expressly agreed and understood that the Authority / SSNNL / FED 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 Total Annual PremiumConcession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date the license to undertake tolling activities in terms hereof, and with effect from “ {O&M Handover Date, Concession ”} the leave and license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 remaining land (along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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 license, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing right rights of way, if any, way and the Concessionaire shall perform its obligations in a manner that the existing right of way Project Highway or an alternative thereof are open to traffic at all times during the Construction Concession Period.
10.2.4. It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, 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 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 / SSNNL / FED (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 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 / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose.
10.2.6. It is expressly agreed that
(a) that trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period;
(b) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals 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.
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED SH&DB hereby grants to the Concessionaire on and from the Effective Date DEVELOPER access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire DEVELOPER may deem necessary during the development period, it Pre-Development Period. It is however being expressly agreed and understood that the Authority / SSNNL / FED SH&DB shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire DEVELOPER on or about the Site pursuant hereto in the event of Termination or otherwise. .
10.2.2 In consideration of the Total Annual Premiumthis Agreement, this Agreement and the covenants covenant and warranties warranty on the part of the Concessionaire hereinDEVELOPER herein contained, the Authority / SSNNL / FEDSH&DB, in accordance with the terms and conditions set forth herein, hereby grants to the ConcessionaireDEVELOPER, commencing from the Effective Date, Concession rights COD,
(a) Licensed Rights for access in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 (land along with any buildings, constructions or immovable assets, if any, thereon), thereon comprising the Site Residential Property which is described, delineated and shown in Appendix VI hereto (Schedule-A hereto, called the "“Licensed Premises")”; and
(b) site access to fulfill Maintenance Requirement related obligations of Residential Property, for the purposes permitted under this Agreement, and for no other purpose whatsoever; on an "“as is where is is” basis", free of any Encumbrances, to develop, operate and maintain develop 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 license period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. .
10.2.3 The license, access and Right right of Way way granted by this Agreement to the Concessionaire DEVELOPER shall always be subject to existing right of way, if any, and the Concessionaire shall perform its obligations in a manner that the existing right rights of way or an alternative thereof are open to traffic at all times during of the Construction Period. SH&DB.
10.2.4 It is expressly agreed that the license License granted hereunder and/or pursuant to this Agreement shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the licenseSH&DB, upon the Termination of this Agreement for any reason whatsoever. The Concessionaire hereby irrevocably appoints But subject to the Authority / SSNNL / FED (or its nominee) to be its true dues and lawful attorney, to execute and sign in the name rights of the Concessionaire a transfer or surrender DEVELOPER being fully xxxxxxxxx.xx accordance to the terms and conditions of the 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 / SSNNL / FED in such regard, and the Concessionaire consents to it being registered for this purpose. Agreement.
10.2.5 It is expressly agreed that
(a) that trees on the Site Site, if any, are the property of GOG / Authority / SSNNL / FED the SH&DB except that the Concessionaire DEVELOPER shall be entitled to exercise usufructuary rights thereon during the Concession Licensee Period;
(b) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals 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.
Appears in 1 contract
Samples: Development Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire may deem necessary during the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED 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 Total Annual PremiumProject, this Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession leave and license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 land (along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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 license, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing right rights of way, if any, way and the Concessionaire shall perform its obligations in a manner that two existing lanes of the existing right of way 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 license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, 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 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 / SSNNL / FED (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 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 Authority / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. .
10.2.6 It is expressly agreed that
(a) that trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period;
(b) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals 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.
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire may deem necessary during the development periodprior to Appointed Date, it being expressly agreed and understood that the Authority / SSNNL / FED 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. In consideration of the Total Annual PremiumConcession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date the license to undertake tolling activities in terms hereof, and with effect from “ {O&M Handover Date, Concession ”} the leave and license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 remaining land (along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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. The license, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing right rights of way, if any, way and the Concessionaire shall perform its obligations in a manner that the existing right of way Project Highway or an alternative thereof are open to traffic at all times during the Construction Concession Period. It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, 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 license in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. The Concessionaire hereby irrevocably appoints the Authority / SSNNL / FED (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 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 / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. It is expressly agreed that
(a) that trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period;
(b) . Process of Handover of the Site {The Authority’s Representative, the Concessionaire and the Independent Engineer shall, 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 portion to be handed over for undertaking Tolling Obligations, including the structures, and any archaeological discoveries shall belong other immovable property on or attached to and vest in the Authority / SSNNL / FED such portion of Site. The Authority’s Representative and the Concessionaire shall promptly prior to O&M Handover Date}13, on a mutually agreed date and time, inspect the {remaining portion of the}14 Site and prepare a memorandum containing an inventory of the {balance portion of the}15 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 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 Concessionaire for free and unrestricted use of the vacant and unencumbered Site {or portion thereof, as the case may be}16, 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 the discovery thereof such encroachment or occupation forthwith to the Authority / SSNNL / FED and follow undertake its instructions removal at its cost and expenses. The Concessionaire besides using manpower, shall use appropriate technology for safe removal the purpose of maintaining round-the-clock xxxxx over the Site. The Concessionaire may procure at its cost and expense and on its own the land that may be required by it for Additional Facilities and the Authority shall have no obligation or liability in respect thereof; and
(c) mining . 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. Site to be free from Encumbrances 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 any and all risks arising out of the inadequacy or physical condition of the Site. Protection of Site from encroachments During the Concession Period, the Concessionaire shall protect the Site from any and all occupations, encroachments or Encumbrances, and shall not place or create nor permit any Contractor or other person claiming through or under the Concessionaire to place or create any Encumbrance or security 13 To be inserted in case of Annuity Concession /New EPC 14 To be removed in case of Item Rate 15 To be removed in case of Item Rate 16 To be deleted in case of Item Rate interest over all or any part of the Site or the Project Assets, or on any rights of the Concessionaire therein or under this Agreement, save and except as otherwise expressly set forth in this Agreement. Special/temporary right of way 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. Access to the Authority and Independent Engineer The licence, 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. Geological and archaeological finds It is expressly agreed that mining, geological or archaeological rights do not form part of the license 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 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 Licensed PremisesSite shall vest in and belong to the Authority or the concerned Government Instrumentality. The Concessionaire shall take all reasonable precautions to prevent its workmen or any other person from removing or damaging such interest or property and shall inform the Authority forthwith of the discovery thereof and comply with such instructions as the concerned Government Instrumentality may reasonably give for the removal of such property. For the avoidance of doubt, mining rights mean it is agreed that any reasonable expenses incurred by the right to mine any and all minerals Concessionaire hereunder shall be reimbursed by the Authority. It is also agreed that the Government and/ or interest thereinGOI shall procure that the instructions hereunder are issued by the concerned Government Instrumentality within a reasonable period. .
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire may deem necessary during the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED shall have no liability whatsoever in respect inrespect 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. The Concessionaire acknowledges that the condition of the Site is no inferior to the condition as it was on the date of Bid Due Date.
10.2.2 In consideration of the Total Annual PremiumConcession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession leave and license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 (land along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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. The license, access and Right of Way granted by this Agreement to the Concessionaire shall always be subject to existing right of way, if any, and the Concessionaire shall perform its obligations in a manner that the existing right of way or an alternative thereof are open to traffic at all times during the Construction Period. .
10.2.3 It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, upon the Termination Termination/expiry 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-licensee(s)/Contractor(s)/Sub-Contractor(s), agent(s), representative(s) the license in respect of the Site [ including such temporary or permanent structures, if any ] shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement.
10.2.4 The Concessionaire hereby irrevocably appoints the Authority / SSNNL / FED (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 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 / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. .
10.2.5 It is expressly agreed that
(a) that trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period;.
(b) any archaeological discoveries 10.2.6 The license, access and right of way granted by this Agreement to the Concessionaire shall belong always be subject to and vest in the Authority / SSNNL / FED existing rights of way and the Concessionaire shall promptly report perform its obligations in a manner that the discovery existing roads within the Site or an alternative thereof are open to traffic at all times during the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals on or under the Licensed Premises. For the avoidance of doubt, mining rights mean the right to mine any and all minerals or interest thereinConcession Period.
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. 10.2.1. The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire may deem necessary during necessaryduring the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED shall have no liability whatsoever in respect of survey, investigations and investigationsand 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 Total Annual PremiumPayment to the Authority, this Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession leave and licence rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 land (along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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 Concession Agreement, and for no other purpose whatsoever.
10.2.3. The license, access and Right right of Way way granted by this Concession Agreement to the Concessionaire shall always be subject to existing right rights of way, if any, way and the Concessionaire shall perform its obligations in a manner that there is no disturbance to the existing right neighbors and the free movement of way or an alternative thereof are open to people and traffic at all times is maintained during the Construction Period.
10.2.4. It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the terminatethe license, 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 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 / SSNNL / FED (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 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 Authority / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. It is expressly agreed that.
(a) trees on the Site are property of GOG / Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period;
(b) i. any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED the, Imphal Smart City Limited and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and ISCLand follow its instructions for safe removal thereof; and
(c) ii. mining rights do not form part of the license granted to the Concessionaire under this Concession Agreement and the Concessionaire hereby acknowledges that it shall not have nothave any mining rights or any interest in the underlying minerals or fossils on or under the Licensed Premisesunderthe licensed premises. For the avoidance of doubt, mining rights mean the right to mine any and all minerals or interest therein.
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire may deem necessary during the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED 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 Total Annual PremiumConcession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, grants herebygrants to the Concessionaire, commencing from the Effective Appointed Date, Concession license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 land (along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI Schedule-A hereto (the "Licensed Premises"“LicensedPremises”), on an "“as is where is is” basis", free of any Encumbrances, to develop, operate and maintain the said Licensed PremisesLicensedPremises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed PremisesLicensedPremises, 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 Authority agrees that it shall remove all existing equipment installed in the Health Centres prior to handing over the Site for Health Centres. The licenselicense rights, access and Right of Way granted by this Agreement to the Concessionaire shall always be subject to existing right rights of way, if any, and the Concessionaire shall perform its obligations in a manner that the existing right of way or an alternative thereof are open to traffic at all times during the Construction Period. .
10.2.4 It is expressly agreed that the license rights granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, 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 licensein 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 / SSNNL / FED (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 license granted licensegranted 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 / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. .
10.2.6 It is expressly agreed that
(a) that trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period;
(b) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals 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.
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire may deem necessary during the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED 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 Total Annual PremiumProject, this Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession leave and license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 land (along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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 license, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing right rights of way, if any, way and the Concessionaire shall perform its obligations in a manner that the existing right Rehabilitation Assets as mentioned in Appendix IV of way or an alternative thereof Schedule A are open to traffic in continuous operations at all times during the Construction Period. .
10.2.4 It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, 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 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 / SSNNL / FED (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 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 Authority / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. .
10.2.6 It is expressly agreed that
(a) that trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period;
(b) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals 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.
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site free of encumbrance for carrying out any surveyssite inspections, investigation, study, design, engineering, surveys and procurement, in relation to all such activities investigations that the Concessionaire may deem necessary during the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED shall have no liability whatsoever in respect of surveysite inspections, survey and 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 Total Annual PremiumLicense Fee, this Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession leave and licence rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 land (along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site real estate which is described, delineated and shown in Appendix VI 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 Concessionaire shall pay to the Authority a sum equivalent to [•]17£ as license fee (“License Fee”), to be paid in advance for each month on or before the 7th (seventh) day of each month. The licenseIn the event, access and Right of Way granted the Concessionaire fails to pay the License Fee within the said time period, then the Authority shall have the right to deduct such unpaid amount from the Testing Charges for such month payable by this Agreement it to the Concessionaire shall always be subject to existing right of way, if any, and the Concessionaire shall perform its obligations in a manner that the existing right of way or an alternative thereof are open to traffic at all times during the Construction Period. accordance with Article 27.
10.2.4 It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, upon the Termination of this Agreement for any reason whatsoever. .
10.2.5 The Concessionaire hereby irrevocably appoints the Authority / SSNNL / FED (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 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 16 To be deleted in case the Authority / SSNNL / FED in such regard, and the Concessionaire consents obligation to it being registered for this purpose. It procure land is expressly agreed that
(a) trees on the Site are property of GOG / Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period;
(b) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals on or under the Licensed Premises. For the avoidance of doubt, mining rights mean the right to mine any and all minerals or interest thereinConcessionaire.
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire may deem necessary during the development periodConstruction Period, it being expressly agreed and understood that the Authority / SSNNL / FED 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 Total Annual PremiumProject, this Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession leave and license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 land (along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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 license, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing right rights of way, if any, way and the Concessionaire shall perform its obligations in a manner that the existing right of way or an alternative thereof are open Licensed Premises is available to traffic Users at all times during the Construction Concession Period. .
10.2.4 It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, 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, the 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 / SSNNL / FED (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 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 Authority / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. .
10.2.6 It is expressly agreed that
(a) that trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period;
(b) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals 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.
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. 10.2.1. The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveys, investigation, study, design, engineering, investigations and procurement, in relation to all such activities soil tests that the Concessionaire may deem necessary during necessaryduring the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED shall have no liability whatsoever in respect of survey, investigations and investigationsand 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 Total Annual PremiumPayment to the Authority, this Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession leave and licence rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 land (along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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 Concession Agreement, and for no other purpose whatsoever.
10.2.3. The license, access and Right right of Way way granted by this Concession Agreement to the Concessionaire shall always be subject to existing right rights of way, if any, way and the Concessionaire shall perform its obligations in a manner that there is no disturbance to the existing right neighbors and the free movement of way or an alternative thereof are open to people and traffic at all times is maintained during the Construction Period.
10.2.4. It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the terminatethe license, 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 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 / SSNNL / FED (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 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 Authority / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. It is expressly agreed that.
(a) trees on the Site are property of GOG / Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period;
(b) i. any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED the, Imphal Smart City Limited and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and ISCLand follow its instructions for safe removal thereof; and
(c) ii. mining rights do not form part of the license granted to the Concessionaire under this Concession Agreement and the Concessionaire hereby acknowledges that it shall not have nothave any mining rights or any interest in the underlying minerals or fossils on or under the Licensed Premisesunderthe licensed premises. For the avoidance of doubt, mining rights mean the right to mine any and all minerals or interest therein.
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveyssite inspections, investigation, study, design, engineering, surveys and procurement, in relation to all such activities investigations that the Concessionaire may deem necessary during the development Condition precedent period, it being expressly agreed and understood that the Authority / SSNNL / FED shall have no liability whatsoever in respect of surveysite inspections, survey and 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. In consideration of the Total Annual Premium, this .
10.2.2 This Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession leave and license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 land (along with any buildings, constructions or immovable assets, if any, assets thereon), ) comprising the Site which is described, delineated and shown in Appendix VI Schedule-A hereto (the "Licensed Premises"), on an "as is where is basis"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 license, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing right rights of way, if any, and the Concessionaire shall perform its obligations in a manner that the existing right of way or an alternative thereof are open to traffic at all times during the Construction Period. .
10.2.4 It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, upon the Termination of this Agreement for any reason whatsoever. .
10.2.5 The Concessionaire hereby irrevocably appoints the Authority / SSNNL / FED (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 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 / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. .
10.2.6 It is expressly agreed that:
(ai) trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period;
(bii) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED Government and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(ciii) mining rights 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 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.
Appears in 1 contract
Samples: Concession Agreement
License, Access and Right of Way. 10.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveyssite inspections, investigation, study, design, engineering, surveys and procurement, in relation to all such activities investigations that the Concessionaire may deem necessary during the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED shall have no liability whatsoever in respect of surveysite inspections, survey and 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. In consideration of the Total Annual Premium, this .
10.2.2 This Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession leave and license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 (along with any buildings, constructions or immovable assets, if any, thereon), buildup space/[real estate] comprising the Site which is described, delineated and shown in Appendix VI 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. The license, access and Right of Way granted by this Agreement to the Concessionaire shall always be subject to existing right of way, if any, and the Concessionaire shall perform its obligations in a manner that the existing right of way or an alternative thereof are open to traffic at all times during the Construction Period. It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, upon the Termination of this Agreement for any reason whatsoever. The Concessionaire hereby irrevocably appoints the Authority / SSNNL / FED (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 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 / SSNNL / FED in such regard, and the Concessionaire consents to it being registered for this purpose. It is expressly agreed that
(a) trees on the Site are property of GOG / Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period;
(b) any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining rights 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 any interest in the underlying minerals 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.
Appears in 1 contract
Samples: Public Private Partnership Agreement
License, Access and Right of Way. 3.1.2.1 The Authority / SSNNL / FED hereby grants to the Concessionaire on and from the Effective Date access to the Site for carrying out any surveyssite inspections, investigation, study, design, engineering, surveys and procurement, in relation to all such activities investigations that the Concessionaire may deem necessary during the development periodDevelopment Period, it being expressly agreed and understood that the Authority / SSNNL / FED shall have no liability whatsoever in respect of surveysite inspections, survey and 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. In consideration of the Total Annual Premium, this .
3.1.2.2 This Agreement and the covenants and warranties on the part of the Concessionaire hereinherein contained, the Authority / SSNNL / FEDAuthority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, Concession leave and license rights in respect of all the land, except the excluded part of the site, if any, included in Appendix VI as mentioned in Clause 10.3.1 land (along with any buildings, constructions or immovable assets, if any, thereon), ) comprising the Site which is described, delineated and shown in Appendix VI 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. .
3.1.2.3 The license, access and Right right of Way way granted by this Agreement to the Concessionaire shall always be subject to existing right rights of way, if any, and the Concessionaire shall perform its obligations in a manner that the existing right of way or an alternative thereof are open to traffic at all times during the Construction Period. .
3.1.2.4 It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority / SSNNL / FED to terminate the license, upon the Termination of this Agreement for any reason whatsoever. .
3.1.2.5 The Concessionaire hereby irrevocably appoints the Authority / SSNNL / FED (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 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 Authority / SSNNL / FED in such regardAuthority, and the Concessionaire consents to it being registered for this purpose. .
3.1.2.6 It is expressly agreed that:
(a) trees 3.1.2.6.1 Trees on the Site are property of GOG / the Authority / SSNNL / FED except that the Concessionaire shall be entitled to exercise usufructuary usefructory rights thereon during the Concession Period;
(b) any 3.1.2.6.2 Any archaeological discoveries shall belong to and vest in the Authority / SSNNL / FED Government and the Concessionaire shall promptly report the discovery thereof to the Authority / SSNNL / FED and follow its instructions for safe removal thereof; and
(c) mining 3.1.2.6.3 Mining rights 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 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.
Appears in 1 contract
Samples: Concession Agreement
