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

License, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of the Project, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and license rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the “Licensed Premises”), on an “as is where is” basis, free of any Encumbrances, to develop, operate and maintain 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 of way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way and the Concessionaire shall perform its obligations in a manner that [two existing lanes of the Project] Highway or an alternative thereof are open to traffic at all times during the Construction Period.. 10.2.4 It is expressly agreed that the license granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority 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 (acting directly or 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 authorized officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructory rights thereon during the Concession Period.

License, Access and Right of Way. 10.2.1 The Authority hereby agrees to grants to the Concessionaire Operator access to the Site Service Area for carrying out any surveys, investigations and soil tests that the Concessionaire Operator may deem necessary require during the Development Start Up Period, it being expressly agreed and understood that the Operator shall fully comply with all Applicable Laws in carrying out such survey, investigation and soil tests and shall not cause any damage to the site. The Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire Operator on or about the Site Service Area pursuant hereto in the event of Termination or otherwisehereto. 10.2.2 In consideration of the Project, this Agreement and the covenants and warranties on the part of the Concessionaire Operator herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby grants agrees to grant to the ConcessionaireOperator, commencing from during the Appointed DateProject Period, leave and license rights in respect Right of Way, on all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site Service Area which is described, delineated and shown in Schedule-A hereto (the “Licensed Premises”)Schedule 3 hereto, on an “as is where is” basis, free of any Encumbrancesto enter into and use merely to execute the Project, 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 ancillary purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.3 The license, access and right Right of way Way agreed to be granted by under this Agreement to the Concessionaire Operator shall always be subject to existing rights of way and the Concessionaire Operator shall perform its obligations in a manner that [two existing lanes of Existing Project Facilities in the Project] Highway or an alternative thereof Effective Service Area are open to traffic operational at all times during the Construction Period..Transition Period without disruption in accordance with this Agreement, except and with prior notification to the Authority and the Technical Auditor. 10.2.4 It is expressly agreed that the license granted hereunder pursuant to the terms hereof shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the license, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubtUpon Termination, the Parties expressly agree that notwithstanding any temporary or permanent all structures erected on the Site Service Area by the Concessionaire Operator or its subSub-licenseescontractors, shall vest in the license in respect of the Site shall automatically terminate, Authority without any further act of or deed by the Parties, upon Termination of this Agreement. 10.2.5 The Concessionaire hereby irrevocably appoints the Authority (acting directly or through a nominee) to be its true and lawful attorney, to execute and sign in the name of the 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 authorized officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site Service Area are and shall remain sole property of the Authority except that the Concessionaire shall be entitled to exercise usufructory rights thereon during the Concession PeriodAuthority.

License, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of the ProjectConcession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and license rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the “Licensed Premises”), on an “as is where is” basis, free of any Encumbrances, to develop, operate and maintain 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 of way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way and the Concessionaire shall perform its obligations in a manner that [two existing lanes of the Project] Highway or an alternative thereof are open to traffic at all times during the Construction Period.. 10.2.4 way. 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 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-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 10.2.4 The Concessionaire hereby irrevocably appoints the Authority (acting directly or through a nominee) to be its true and lawful attorney, to execute and sign in the name of the 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 authorized officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 10.2.5 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructory usufructuary rights thereon during the Concession Period.

License, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site Service Area for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary require during the Development Study Period, it being expressly agreed and understood that the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site Service Area pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of the Project, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from during the Appointed DatePreparatory Period and the Concession Period, Right of Way, leave and license rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site Service Area which is described, delineated and shown in Schedule-A hereto (the “Licensed Premises”)Schedule 1 hereto, on an “as is where is” basis, free of any Encumbrancesencumbrances, to develop, operate and maintain execute the said Licensed PremisesProject, 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 andwhatsoever, 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 rights of way and the Concessionaire shall perform its obligations in a manner that [two existing lanes of the Project] Highway or an alternative thereof Existing Project Facilities are open to traffic operational at all times during the Construction Period..Period without disruption, except with prior notification to the Authority and the Independent Engineer appointed by the Authority. 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 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 Service Area by the Concessionaire or its sub-licensees, the license in respect of the Site Service Area shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Concessionaire hereby irrevocably appoints the Authority (acting directly or 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 authorized officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site Service Area are property of the Authority except that the Concessionaire shall be entitled to exercise usufructory usufructuary rights thereon during the Concession Period.

License, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of the Project, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and license rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the “Licensed Premises”), on an “as is where is” basis, free of any Encumbrances, to develop, operate and maintain 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 of way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way and the Concessionaire shall perform its obligations in a manner that [two existing lanes of the Project] 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 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 (acting directly or 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 authorized officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructory usufructuary rights thereon during the Concession Period.

License, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary during the Development Construction Period, it being expressly agreed and understood that the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of the Project, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and license rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-Schedule- A hereto (the “"Licensed Premises”"), on an “"as is where is” " basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed Premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.3 The license, access and right of way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way and the Concessionaire shall perform its obligations in a manner that [two existing lanes of the Project] Highway 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 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-licenseesConcessionaire, 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 (acting directly or 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 authorized officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructory usufructuary rights thereon during the Concession Period.

License, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site and the Hospital for carrying out any surveyssite inspections, surveys and investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority shall have no liability whatsoever in respect of 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 Projectdiverse obligations, this Agreement undertakings and the covenants and warranties on the part of the Concessionaire herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and license the rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the “Licensed Premises”), for a period of 33 years on an “as is where is” basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed Premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.2.3 The license, access and right Right of way Way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way and the Concessionaire shall perform its obligations in a manner that [two existing lanes of the Project] Highway or an alternative thereof are open to traffic at all times during the Construction Period..way. 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 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 (acting directly or through a 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 authorized authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that that: (a) trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructory rights thereon during the Concession Period; (b) any archaeological discoveries shall belong to and vest in the Government and the Concessionaire shall promptly report the discovery thereof to the Authority 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.

License, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site Project Sites for carrying out any surveyssite inspection, survey and investigations and soil tests that the Concessionaire may deem necessary during for implementation of the Development PeriodProject, it being expressly agreed and understood that the Authority 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 Project Sites and Project Facility(s) pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of the Project, this This Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed Date, leave and license rights in respect of all to the land (along with any buildings, constructions or immovable assets, if any, thereon) Project comprising the Site Project Sites which is described, delineated and shown in Schedule-A hereto (the “Licensed Premises”), on an “as is where is” basis, free of any Encumbrances, to develop, operate and maintain the said Licensed PremisesPremises and design, finance, construct, procure, install, operate, maintain, manage and transfer the Project Facility(s), 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 purpose permitted under this Agreement, and for no other purpose whatsoever. 10.2.3 The license, access and right of way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way and the Concessionaire shall perform its obligations in a the manner that [two does not disturb the existing lanes operations of the Project] Highway or an alternative thereof are open to traffic at all times during the Construction Period..Medical Colleges. 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 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 (acting directly or through a 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 authorized officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructory rights thereon during the Concession Period.

License, Access and Right of Way. 10.2.1 The Authority hereby grants to the Concessionaire access to the Site Project Sites for carrying out any surveyssurvey, investigations and soil tests that the Concessionaire may deem necessary during the Development Period, it being expressly agreed and understood that the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site Project Sites pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of the ProjectOne Time Premium and Lease rent, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, the Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Appointed DateDate of L.O.A., leave and license licence rights in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) built up space comprising the Site which is described, delineated and shown in Schedule-A hereto (the Project Sites(the “Licensed Premises”), on an “as is where isAs Is Where Is” basis, free of any Encumbrances, to develop, operate and maintain the said Licensed Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Licensed Premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. The Concessionaire shall be responsible for developing the Project Sites as per the requirements of the applicable rules, regulations, laws, permits etc. 10.2.3 The licenselicence, access and right of way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way and the Concessionaire shall perform its obligations in a manner that [two does not disturb the existing lanes operations of the Project] Highway or an alternative thereof are open to traffic at all times during the Construction Period..Hospitals. 10.2.4 It is expressly agreed that the license licence granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Authority to terminate the licenselicence, 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 (acting directly or through a 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 authorized authorised officer of the Authority, and the Concessionaire consents to it being registered for this purpose. 10.2.6 It is expressly agreed that trees on the Site are property of the Authority except that the Concessionaire shall be entitled to exercise usufructory rights thereon during the Concession Period.