New utilities and roads. 11.3.1 The Concessionaire shall allow, subject to such conditions as the Authority may specify, access to, and use of the Site for laying telephone lines, water pipes, electric cables or other public utilities. Where such access or use causes any financial loss to the Concessionaire, it may require the user of the Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Site under this Clause shall not in any manner relieve the Concessionaire of its obligation to maintain the Bus Terminal in accordance with this Agreement and any damage caused by such use shall be restored forthwith.
11.3.2 The Authority may, by notice require the Concessionaire to connect any adjoining road to the Bus Terminal. Upon receipt of a notice hereunder, the connecting portion thereof falling within the Site shall be constructed by the Concessionaire at the Authority's cost in accordance with Article 16, and the maintenance thereof shall be undertaken by the Concessionaire in accordance with the provisions of Clause 17.1.3.
11.3.3 The Authority may by notice require the Concessionaire to connect, through a paved road, any adjoining service station, hotel, motel or any other public facility or amenity to the Bus Terminal, whereupon the connecting portion thereof that falls within the Site shall be constructed and maintained by the Concessionaire upon advance payment of the cost to be made by the beneficiary entity in accordance with the amount and period as determined by the Independent Engineer. For the avoidance of doubt, any connecting road constructed prior to the Appointed Date and falling within the Site shall be maintained by the Concessionaire upon advance payment to be made by the beneficiary entity in accordance with the provisions of this Clause.
New utilities and roads. The Concessionaire shall allow, subject to such conditions as the Authority may specify, access to, and use of the Site for laying telephone lines, water pipes, electric cables or other public utilities. Where such access or use causes any financial loss to the Concessionaire, it may require the user of the Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Site under this Clause 11.3 shall not in any manner relieve the Concessionaire of its obligation to maintain the Project in accordance with this Agreement and any damage caused by such use shall be restored forthwith.
New utilities and roads. 11.3.1 The Concessionaire shall allow, subject to such conditions as the Authority may specify, access to, and use of the Site for laying telephone lines, water pipes, electric cables or other public utilities. Where such access or use causes any financial loss to the Concessionaire, it may require the user of the Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Site under this Clause 11.3 shall not in any manner relieve the Concessionaire of its obligation to maintain the Project in accordance with this Agreement and any damage caused by such use shall be restored forthwith.
11.3.2 The Authority may, by notice require the Concessionaire to connect any adjoining road to the Bus Terminal. Upon receipt of a notice hereunder, the connecting portion thereof falling within the Site shall be constructed by the Concessionaire at the Authority’s cost in accordance with Article 16, and the maintenance thereof shall be undertaken by the Concessionaire in accordance with the provisions of Clause 17.1.3.
New utilities and roads. (a) The Concessionaire shall obtain install and maintain at its cost, all utilities necessary for undertaking the construction of the Project Facilities, including all temporary power and water connections, lighting facilities, telephone connections, internet connections, etc. at the Site.
(b) The Concessionaire shall allow, subject to such conditions as the Authority may specify, access to, and use of the Site for laying telephone lines, water pipes, electric cables or other public utilities. Where such access or use causes any financial loss to the Concessionaire, it may require the user of the Site to pay compensation or damages as per Applicable Laws.
(c) The Concessionaire shall not be entitled to any extension of time or costs or in any other manner be relieved from the performance of its obligations in relation to Project Facilities to comply with its obligations under Clause 11.1, 11.3(a) and 11.3(b) above.
(d) The Authority shall provide any reasonable assistance required by the Concessionaire to obtain the utilities for the construction of the Project Facilities.
New utilities and roads. 4.12.1 The Concessionaire shall allow utility companies (subject to such conditions as the GoS may specify and subject to mutual agreement between the Concessionaire and the utility companies), access to, and use of the Project Site for laying telephone lines, water pipes, electric cables or other public utilities; provided, that nothing contained in this Section 4.12.1 shall waive and / or relieve or be deemed to waive and / or relieve the obligations of the Concessionaire contained in the GoS Agreements and any damage caused to the Concession Assets by such access to, and use of the Project Site for laying telephone lines, water pipes, electric cables or other public utilities shall be restored forthwith.
4.12.2 The affected part of the Concession Assets (or any part thereof) (the Utilities Affected Assets) shall be restored in accordance with the Applicable Standards and Good Industry Practice by the Concessionaire and the costs relating to the same shall be borne by the Concessionaire and/or the utility companies in accordance with the terms mutually agreed between the Concessionaire and the utility companies; provided, however, any such terms (including any amendments of the same) shall be subject to the prior approval of the GoS (which approval shall not be unreasonably delayed, conditioned or withheld). Notwithstanding anything to the contrary set out herein, the GoS shall neither be responsible for restoration of any Utilities Affected Assets nor for any costs relating to the same.
4.12.3 The GoS (through its Class B shares) exclusively reserves the right to charge fees from the utility company or any other entity for allowing the passage of the telephone lines, water pipes, electric cables or other public utilities over or under the Project Site and such fee, in case being paid to the Concessionaire, shall be paid to the GoS as dividends for Class B Shares; provided, that any amounts payable to the GoS by the Concessionaire hereunder as dividends for Class B Shares shall be adjusted for any adverse tax impact on the Concessionaire resulting from receipt of such fee (the Utility Dividends).
New utilities and roads. The Concessionaire shall allow utility companies (subject to consent of GoS and subject to such conditions as the GoS may specify and subject to mutual agreement between the GoS, Concessionaire and the utility companies), access to, and use of the Project Site for laying telephone lines, water pipes, electric cables or other public utilities; provided, that nothing contained in this Section 4.12.1 shall waive and/or relieve or be deemed to waive and / or relieve the obligations of the Concessionaire contained in the GoS Agreements and any damage caused to the Concession Assets by such access to, and use of the Project Site for laying telephone lines, water pipes, electric cables or other public utilities shall be restored forthwith.
New utilities and roads. The Concessionaire shall allow utility companies and other Government Authorities empowered by Applicable Law to seek, in each case, (subject to consent of Authority and subject to such conditions as the Authority may specify and subject to mutual agreement between the Authority, Concessionaire and the utility companies), access to, and use of the Project Site for laying telephone lines, water pipes, electric cables or other public utilities and in the case of the aforesaid Government Authorities, connectivity with the fiber- optic cables and other utilities and infrastructure forming part of the Concession Assets; provided, that while the Concessionaire shall enable connectivity to the Government Authorities as aforesaid, it shall neither have any obligation to ensure uptime of the infrastructure of the relevant Government Authority nor be exposed to any liability if the connectivity of such infrastructure is discontinued or disrupted due to any reason, except as determined otherwise with mutual agreement between the Authority, Concessionaire and the utility companies ; provided, further, that nothing contained in this Section 4.12.1 shall waive and / or relieve or be deemed to waive and / or relieve the obligations of the Concessionaire contained in the Authority Agreements and any damage caused to the Concession Assets by such access to, and use of the Project Site for laying telephone lines, water pipes, electric cables or other public utilities shall be restored forthwith.
New utilities and roads. The Concessionaire shall allow, subject to such conditions as the Authority / SSNNL / FED may specify, access to, and use of the Site for laying telephone lines, water pipes, electric cables, internet broadband, sewerage or other public utilities. Where such access or use causes any financial loss to the Concessionaire, Authority / SSNNL / FED shall require the User of the Site to pay compensation or Damages to the Concessionaire as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Site under this Clause shall not in any manner relieve the Concessionaire of its obligation to maintain the Project in accordance with this Agreement and any Damage caused by such use shall be restored forthwith. The Authority / SSNNL / FED may, by notice require the Concessionaire to connect any adjoining road to the Project. Upon receipt of a notice hereunder the connecting portion thereof falling within the Site shall be constructed by the Concessionaire at the Authority / SSNNL / FED’s cost in accordance with Clause 16. The maintenance of such connecting portion shall be undertaken by the Concessionaire in accordance with the provisions of Clause 17.1.3.
New utilities and roads. The Concessionaire shall allow, subject to such conditions as the Authority may specify, access to, and use of the Site for laying telephone lines, water pipes, electric cables or other public utilities. Where such access or use causes any financial loss to the Concessionaire, it may require the user of the Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Site under this Clause shall not in any manner relieve the Concessionaire of its obligation to maintain the Haji Bunder (Sewree) to Elephanta Island Ropeway in accordance with this Agreement and any damage caused by such use shall be restored forthwith.
New utilities and roads. The Concessionaire shall allow, subject to such conditions as the Authority may specify, access to, and use of the Site for laying telephone lines, water pipes, electric cables or other public utilities. Where such access or use causes any financial loss to the Concessionaire, it may require the user of the Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Site under this Clause shall not in any manner relieve the Concessionaire of its obligation to maintain the village Rampur to Naina Devi Ji Ropeway in accordance with this Agreement and any damage caused by such use shall be restored forthwith.
