Maha. Metro receives a 180 days advance notice, in writing, from licensee for its intention to surrender the license agreement. Such notice of 180 days can be given as per the provisions of this license agreement.
Maha. Metro shall not be made party in any litigation arising between the Licensee and any third party during and/or associated with the furbishing / finishing / operations / maintenance of the property business space. All civil and criminal liability shall be the responsibility of the Licensee.
Maha. Metro shall have the option to purchase or hire from the Concessionaire at a fair market value and free from any encumbrance all or any part of the plant and machinery used in connection with the Project but which does not form part of the assets specified in Clause 28.1.1 and is reasonably required in connection with operation of the Project. For the avoidance of doubt, in the event of dispute or difference relating to fair market value, the Dispute Resolution Procedure shall apply.
Maha. Metro shall verify, after giving due notice to the Concessionaire of the time, date and venue of such verification, compliance by the Concessionaire with the maintenance requirements. Defaults, if any, in the maintenance requirements shall be cured by the Concessionaire at its cost and the provisions of Article 29 shall apply, mutatis mutandis, in relation to curing of defects or deficiencies under this Article 28.
Maha. Metro shall, at its own cost and expenses undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
Maha. Metro fails to provide to the Concessionaire the vacant and peaceful possession of the Site, even after six months of extension in terms of the Agreement; or
Maha. Metro shall grant, within 30 (thirty) days from the date of fulfilment of Conditions Precedent by Concessionaire, the vacant and peaceful possession of the Site to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, then the last date shall be extended by period equivalent to the number of days of delay from the 30thday from the date of fulfilment of Conditions Precedent by Concessionaire till the day of fulfilling of such Conditions Precedent by Maha-Metro.
Maha. Metro shall have the right, and the Concessionaire hereby expressly grants to Maha- Metro the right, to recover the costs and Damages specified in Clause 16.5.1.
Maha. Metro shall have:
a. Ensured for the Concessionaire the vacant and peaceful possession of the Site, as a Lessee, in accordance with the provisions of Clause 10.2.1.
Maha. Metro agrees to provide support to the Concessionaire and undertakes to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following:
(a) grant the Concessionaire the vacant and peaceful possession of the Project Site, in accordance with the terms of Article 6 hereof respectively.
(b) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for construction, implementation and operation of the Project, without any binding obligation;
(c) upon written request from the Concessionaire, provide reasonable assistance to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity;
(d) ensure that no barriers are erected or placed on or about the Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, law and order or collection of inter-state taxes;
(e) not do or omit to do any act, deed or thing which may in any manner be violative of any of the provisions of this Agreement;
(f) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(g) ensure there is no obstruction or hindrance to the development & construction of the Project due to Maha Metro operations;
