Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. 6.1.2 The Authority 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) 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 implementation and operation of the Project; (b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services; (c) procure that no barriers are erected or placed on or about the Site 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; (d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal; (e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal: (f) assist the Concessionaire in procuring police assistance for removal of trespassers and security on or at the Bus Terminal; (g) 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; (h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and (i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 16 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site 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;
(d) make best endeavours to procure that no local Tax, toll Tax or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for removal of trespassers and security on or at the Bus Terminal;
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 16 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Obligations of the Authority. from
6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;; xxx.xxxxxx.xxx Downloaded
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for removal of trespassers and security on or at the Bus Terminal;
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; andand from
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 10 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable favorable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, security or law and order or collection of inter-state taxesorder;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;Deleted
(e) subject Subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on use of the Bus Terminal:Project;
(f) assist Assist the Concessionaire in procuring police assistance for regulation of Users, removal of trespassers and security on or at the Bus TerminalProject;
(g) not Not do or omit to do any act, deed or thing which may in any manner be violative is violating of any of the provisions of this Agreement;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and;
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their respective obligations under this Agreement and the Project Agreements.;
(j) undertake rehabilitation and resettlement of persons affected by construction of the Project and bear all costs and expense in respect thereof, save and except as otherwise provided in this Agreement; and
(k) subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring approvals, other than approval of the General Approval Drawings of the Railway authorities for construction of such road over bridges/under bridges.]1
Appears in 5 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 Permits, including environmental or forest clearances, required from any Government Instrumentality for implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, security or law and order or collection of inter-state taxesorder;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalProject;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on use of the Bus Terminal:Project;
(f) assist the Concessionaire in procuring police assistance for regulation of Users, removal of trespassers and security on or at the Bus TerminalProject;
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and;
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their respective obligations under this Agreement and the Project Agreements; and
(j) undertake rehabilitation and resettlement of persons affected by construction of the Project and bear all costs and expense in respect thereof, save and except as otherwise provided in this Agreement.
Appears in 4 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Project Highway 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalProject Highway;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users traffic on the Bus Terminal:Project Highway;
(f) assist the Concessionaire in procuring police Police assistance for regulation of traffic, removal of trespassers and security on or at the Bus TerminalProject Highway;
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 4 contracts
Samples: Model Concession Agreement, Model Concession Agreement, Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 and approvals required from any Government Instrumentality for implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable favorable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, security or law and order or collection of inter-state taxesorder;
(d) make best endeavours upon written request from the Concessionaire, extend reasonable assistance so as to procure that no local Tax, toll or charge is levied or imposed on follow the use of whole or any part of the Bus Terminal;approved MIOP requirements.
(e) subject Subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on use of the Bus Terminal:Project;
(f) assist Assist the Concessionaire in procuring police assistance for regulation of Users, removal of trespassers and security on or at the Bus TerminalProject;
(g) not Not do or omit to do any act, deed or thing which may in any manner be violative is violating of any of the provisions of this Agreement;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their respective obligations under this Agreement and the Project Agreements.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Obligations of the Authority. General Obligations of the Authority
6.1.1 The Authority shall, at its own cost and expense expense, undertake, comply with and perform all its obligations set out in this Agreement or arising hereunderAgreement.
6.1.2 The Subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Authority 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, perform the following:
(a) {subject to the Concessionaire meeting the eligibility criteria prescribed under the XXXX and provided that the Concessionaire has submitted a duly completed CAF in accordance with the requirements stipulated under the XXXX and the Orissa Industries (Facilitation) Act, 2004 and the rules and regulations made thereunder to the relevant Governmental Instrumentality for its approval within 180 (one hundred and eighty) days from the Execution Date, procuring that the concerned Governmental Instrumentality processes and approves the CAF submitted by the Concessionaire;}7
(b) procuring the approvals relating to the land use of the Site for the purpose of the construction of the Hospital, if required;
(c) 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 implementation and operation of the Project. The Authority agrees and undertakes that it shall not unreasonably delay or withhold provision of any such reasonable support or assistance to the Concessionaire;
(bd) upon written request from transfer the Concessionaire, provide reasonable assistance Site to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure ensure that no barriers are erected or placed on or about the Site and/or Hospital by any Government Instrumentality or persons claiming through or under itany Government Instrumentality, except for reasons of EmergencySafety Requirements, emergency, national security, or law and order or collection of inter-state taxes;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminalorder;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for removal of trespassers and security on or at dealing with Medico-Legal Cases which are brought to the Bus TerminalHospital;
(gf) not do or omit to do any act, deed or thing which may in any manner be violative of any of violate the provisions of this Agreement;
(hg) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject addition to the provisions of Clause 5.4Select Patients identified under the Government Health Schemes, provide reasonable assistance identify or cause to the Concessionaire and any expatriate personnel of the Concessionaire be identified persons or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.families who shall be
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 Permits, including environmental or forest clearances, required from any Government Instrumentality for implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Project Highway by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, security or law and order or collection of inter-state taxesorder;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalProject Highway;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users traffic on the Bus Terminal:Project Highway;
(f) assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Bus TerminalProject Highway;
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and;
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their respective obligations under this Agreement and the Project Agreements; and
(j) undertake rehabilitation and resettlement of persons affected by construction of the Project Highway and bear all costs and expense in respect thereof, save and except as otherwise provided in this Agreement.
Appears in 3 contracts
Samples: Concession Agreement, Concession Agreement, Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense expense, undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) enable access to the Site, free from Encumbrances, in accordance with this Agreement;
b) permit peaceful use of the Site by the Concessionaire as licensee under and in accordance with the provisions of this Agreement without any let or hindrance from Authority or persons claiming through or under it;
c) upon written request from the Concessionaire, assist the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water, electricity and telecommunication facilities at rates and on terms no less favorable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
d) procure 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;
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) 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 implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for removal of trespassers and security on or at the Bus Terminal;
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.45.9, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their respective obligations under this Agreement and the Project Agreements;
h) facilitate provision of external infrastructure to the Project Site viz. road, water and power by the relevant Government departments;
i) develop, operate and maintain the common services/utilities (as described in Schedule B, Clause 4), roads, service road along the development and if required, modify, repair or otherwise make improvements to the Site Facilities to comply with the provisions of this Agreement, Applicable Laws and Applicable Permits;
j) Observe and comply with its obligations set forth in this Agreement.
k) make available a minimum of 6,000 MT of poppy straw per year from COD, as raw material to the Concessionaire;
l) specify the ratio of end products like Morphine, Codeine and Thebaine required to be produced by the Concessionaire in coming quarter, not later than end of last month of ongoing quarter. For example; specify the ratio of end products to be produced in the quarter of April to June, before the end of month of March (March being the last month of the quarter);
m) bear 50% cost of the testing laboratory to be constructed by the Concessionaire and appoint an independent third party to set-up, manage and operate the testing laboratory and bear 50% of the cost of its management & operation;
n) approve Total Project Cost for any additional or increase in plant capacity upon submission of DPR and other supporting documents by the Concessionaire, as and when requested by the Concessionaire as per the provisions of this Agreement; and
o) Ensure taking-off of the finished products within 15 (fifteen) days from the date of intimation by the Concessionaire.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Project Bus Port 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Project Bus TerminalPort;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on traffic within the Project Bus Terminal:Port;
(f) assist the Concessionaire in procuring police Police assistance for regulation of traffic, removal of trespassers and security on or at the Project Bus TerminalPort;
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site XXX Ropeway 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalXXX Ropeway;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users traffic on the Bus Terminal:XXX Ropeway;
(f) assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Bus TerminalXXX Ropeway;
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and;
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.45.5, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements; and
(j) undertake rehabilitation and resettlement of persons affected by construction of the XXX Ropeway and bear all costs and expense in respect thereof, save and except as otherwise provided in this Agreement.
Appears in 2 contracts
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable favorable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, security or law and order or collection of inter-state taxesorder;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;[Deleted]
(e) subject Subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on use of the Bus Terminal:Project;
(f) assist Assist the Concessionaire in procuring police assistance for regulation of Users, removal of trespassers and security on or at the Bus TerminalProject;
(g) not Not do or omit to do any act, deed or thing which may in any manner be violative is violating of any of the provisions of this Agreement;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and;
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their respective obligations under this Agreement and the Project Agreements.;
(j) undertake rehabilitation and resettlement of persons affected by construction of the Project and bear all costs and expense in respect thereof, save and except as otherwise provided in this Agreement; and
(k) subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring approvals, other than approval of the General Approval Drawings of the Railway authorities for construction of such road over bridges/under bridges.]4
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;
(b) subject to the Concessionaire complying with Applicable Laws, issue or cause to be issued, all Applicable Permits, including environmental or forest clearances, required from any Government Instrumentality for implementation and operation of the Project;
(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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(cd) subject to the Concessionaire complying with Applicable Laws, procure or cause to be procured, the issuance of a licence to the Concessionaire for distribution of electricity within the Port;
(e) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance in procuring Applicable Permits and other approvals required from any Government Instrumentality for declaration and operation of the Port as a special economic zone under the provisions of the Special Economic Zones Act, 2005 or any substitute thereof;
(f) appoint or procure the appointment of a person designated by the Concessionaire to discharge the duties and functions of the conservator of the Port in accordance with the provisions of the Indian Ports Act, 1908;
(g) procure that no barriers are erected or placed on or about the Site Port 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;
(dh) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalPort;
(ei) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users traffic on the Bus Terminal:Port;
(fj) assist the Concessionaire in procuring police assistance of Police and Coast Guards for regulation of traffic, removal of trespassers and security on or at the Bus TerminalPort;
(gk) 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;
(hl) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and;
(im) upon written request from the Concessionaire and subject to the provisions of Clause 5.45.6, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their respective obligations under this Agreement and the Project Agreements; and
(n) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance in procuring the issuance of an order by the Government of India under Section 407 (3) of the Merchant Shipping Act, 1958 for exempting the application of Section 407 (1) of the Merchant Shipping Act, 1958 in respect of the transhipment of Containers to and from the Port.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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:: Downloaded from
(a) 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 implementation and operation of the Project;; xxx.xxxxxx.xxx
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for removal of trespassers and security on or at the Bus Terminal;
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense expenses undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable favorable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, security or law and order or collection of inter-state taxes;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to Clause 3.1.1 and Schedule-C (Project Facilities) and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on use of the Bus Terminal:Project;
(fe) assist the Concessionaire in procuring police assistance for regulation of movement of Users/ traffic, removal of trespassers and security on or at the Bus TerminalProject;
(gf) not do or omit to do any act, deed or thing which may may, in any manner be violative of any of the provisions of this Agreement;
(hg) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and;
(ih) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their respective obligations under this Agreement and the Project Agreements;
(i) upon written request from the Concessionaire provide reasonable assistance to the Concessionaire for obtaining Applicable Permits including environmental clearances;
(j) undertake rehabilitation and resettlement of persons affected by construction of the Project and bear all costs and expense in respect thereof, save and except as otherwise provided in this Agreement; and
(k) subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring approvals.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, on a best effort basis provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation of the Project and operation in achieving Financial Close for implementation of the Project;
(b) upon written request from the Concessionaire, on a best effort basis provide reasonable assistance to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilitiesutilities as may be required for performing the works during the Preliminary Operation Period, including water the Initial Operation Period, the Construction Period and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent servicesOperation Period;
(c) procure that no barriers are erected or placed on or about the Site performance of the Project shall not be obstructed 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject Subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on use of the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for removal of trespassers and security on or at the Bus TerminalProject Facilities;
(ge) not Not do or omit to do any act, deed or thing which may in any manner be violative is violating of any of the provisions of this Agreement;; and
(hf) support, cooperate with and facilitate the Concessionaire in the operation and maintenance of the Existing Project Facilities and implementation and operation of the Project Facilities in accordance with the provisions of this Agreement; and.
(g) effect payment towards bulk water charges, differential tariff on power if applicable, O&M of Pillur I scheme, provision for additional house service connections, asset replacement and major maintenance activities as detailed under section 2.2, Part II, Volume – III (Technical Terms of Reference).
(h) to ensure adequate availability of raw water within the provisions of the Agreement. It is clarified that while performing its obligations herein, at any time during the Concession Period in case the Authority makes any changes in the source of raw water or the supply system of raw water from the source to the intake point of the Project, it shall do so in a manner such that such changes do not affect the design of the Project or cast additional obligations on the Concessionaire or in any manner affect the performance of the Concessionaire in achieving the Key Performance Indicators under this Agreement.
(i) upon written request The Authority hereby covenants that, on and from the Concessionaire date hereof and subject until the Appointed Date:
(i) the Authority shall continue to be responsible to operate and maintain the provisions Existing Project Facilities and provide water supply services and collect User Charges in the Service Area. The Authority shall also be responsible for repairing the Existing Project Facilities during such period.
(ii) The Authority shall bear all liabilities, including contingent liabilities related to any payable accounts, environmental contamination and other environmental liabilities, arising out of Clause 5.4, provide reasonable assistance or in connection with the operation of the Existing Project Facilities.
(iii) The Authority shall handover / ensure handover of the Existing Project Facilities to the Concessionaire in the Service Area without encumbrance on and any expatriate personnel from the Construction Period.
(iv) The Authority shall ensure that all contracts between the Authority / other third party agencies and contractors in respect of the Concessionaire Existing Project Facilities and/ or its Contractors water supply services in the Service Area shall be terminated / novated as mutually agreed between the Parties on or prior to obtain applicable visas and work permits for the purposes of discharge by Appointed Date.
(v) give prompt written notice to the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.of:
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 Obligations of the Authority The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 . The Authority 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) : 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 implementation and operation of the Project;
(b) ; 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) ; procure that no barriers are erected or placed on or about the Site Project Highway 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;
(d) ; make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) Project Highway; subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users traffic on the Bus Terminal:
(f) Project Highway; assist the Concessionaire in procuring police Police assistance for regulation of traffic, removal of trespassers and security on or at the Bus Terminal;
(g) Project Highway; 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;
(h) ; support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) and upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.. Maintenance obligations prior to Appointed Date During the Development Period, the Authority shall maintain the Project Highway, at its own cost and expense, so that its traffic worthiness and safety are at no time materially inferior as compared to its condition 7 (seven) days prior to the last date for submission of the Bid, and in the event of any material deterioration or damage other than normal wear and tear, undertake repair thereof, or pay to the Concessionaire the cost and expense, as determined by the Independent Engineer, for undertaking such repair after the Appointed Date. For the avoidance of doubt, the Authority shall undertake only routine maintenance during the Development Period, and it shall undertake special repairs only for ensuring safe operation of the Project Highway, or in the event of excessive deterioration or damage caused due to unforeseen events such as floods or torrential rain. Obligations relating to Competing Roads The Authority shall procure that during the subsistence of this Agreement, neither the Authority nor any Government Instrumentality shall, at any time before the 10th (tenth) anniversary of the Appointed Date, construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any year exceeds 90% (ninety percent) of its designed capacity specified in Clause
Appears in 1 contract
Samples: Model Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense expense, undertake, comply with with, and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with with, and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following:: -
(a) 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 Permits, required from any Government Instrumentality for implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about ensure payment of property tax in relation to the Site on which it is established; Explanation:- It is clarified that the Authority shall only be liable to pay property tax for the land. All / any other statutory charges dues including property tax in respect / in lieu of the facility created/developed by the concessionaire shall be reimbursed by the concessionaire, and 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;default in such reimbursement shall be treated as default by the concessionaire
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on use of the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for removal of trespassers and security on or at the Bus TerminalProject;
(ge) 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;
(hf) 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) provide to the Concessionaire, upon receiving the Performance Security under Clause 9.1, the Site in accordance with the provisions of Article 10;
(h) Provide access to, as shown in the project map attached in Schedule A, to the Facility as shown in attached in Schedule B;
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4Concessionaire complying with Applicable Laws, provide reasonable assistance to the Concessionaire and any expatriate personnel of in making requisite applications for procuring electricity supply within the Project;
(j) provide to the Concessionaire or its Contractors the Right of Way, access, leave and license rights to obtain applicable visas and work permits the Site in accordance with the provisions of Article 10;
(k) provide complete access to the Site free of encumbrance, including right to use for the purposes purpose of discharge maintaining telephone lines, electricity lines, water piping or for such other public purpose as the Concessionaire may require, but the charges for the use of such utilities shall be incurred by the Concessionaire;
(l) upon written request from the Concessionaire, and subject to the Concessionaire or its Contractors their obligations under this Agreement complying with Applicable Laws, and subject to the Project Agreements.applicable guidelines issued by Government of India, from time to time, facilitate and provide reasonable support to the Concessionaire in procuring statutory approvals for setting up of custom facilities in the Facility;
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the ProjectTourism Infrastructure Complex;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to [commercial customers customers] receiving substantially equivalent services;
(c) procure endeavour that no barriers are erected or placed on or about around the Site Tourism Infrastructure Complex by any Government Instrumentality or persons claiming through or under it, except for reasons of Safety Requirements, Emergency, national securityNational Security, law or Law and order or collection of inter-state taxesOrder;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalTourism Infrastructure Complex ;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:Tourism Infrastructure Complex ;
(f) assist the Concessionaire in procuring police assistance for regulation of management, removal of trespassers and security on or at the Bus TerminalTourism Infrastructure Complex;
(g) 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;
(hi) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(ij) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 . The Authority 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) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide all reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the Project;
(b) upon written request from the Concessionaire, provide reasonable assistance use its best efforts to assist the the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about provide complete access to the Site by any Government Instrumentality or persons claiming through or under it, except for reasons and the Project Hospital free of Emergency, national security, law and order or collection of inter-state taxesencumbrance;
(d) make best endeavours to procure that no local Taxensure payments of Periodic Paymentby deposit in the Escrow Account, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for removal terms of trespassers and security on or at the Bus Terminalthis Agreement;
(ge) 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;; and
(hf) 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) Timely procurement and supply of medicines, surgical and consumables. Further, a separate person shall be designated by the Authority for this purpose to ensure that the medicine purchase requests are honoured within a prescribed time limit. For this purpose, the Authority may post a Pharmacist in the new wing for managing of the medicine supply and local purchase of medicines other than generic medicines. A requisition in this regard shall be made by the operator at least one week in advance based on the last month’s traffic in the online HMIS
(h) The Authority shall connect the MCHW to water, power supply, and sewerage network and shall facilitate the private partner in getting necessary approvals as per the requirements of the contract
(i) upon written The Authority shall hire third party independent monitor (IM) for assessment from time to time for monitoring of KPIs as defined in the contract
(j) The Authority shall ensure timely payment as per contractual terms by opening a Payment Reserve Account under the Escrow Account opened by the Concessionaire
(k) The Authority shall provide the HMIS software and run the electronic monitoring register across all the MCHW
(l) The pharmacy shall be operated by the Authority. The pharmacy shall have all the generic OTC drugs as per the approved Essential drug list of GoUP. The Concessionaire may request GoUP to add other commonly used drugs in their list. For avoidance of doubt it is clarified that Authority shall have right to scrutinize the usage of pharmacy at any point of time. The threshold for such scrutiny shall be defined by the Authority from time to time.
(m) In the event of receiving requests from the Concessionaire and subject to Concessionaire, the provisions of Clause 5.4, provide reasonable assistance to Authority shall be responsible for making arrangement for the Concessionaire and any expatriate personnel provision of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.designated blood
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, on a best effort basis provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the Projectand in achieving Financial Close for implementation of the Project;
(b) upon written request from the Concessionaire, on a best effort basis provide reasonable assistance to the Concessionaire in obtaining access to all necessary infrastructure facilities and utilitiesutilities as may be required for performing the works during the Preliminary Operation Period, including water the Initial Operation Period, the Construction Period and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent servicesOperation Period;
(c) procure that no barriers are erected or placed on or about the Site performance of the Project shall not be obstructed 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject Subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on use of the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for removal of trespassers and security on or at the Bus TerminalProject Facilities;
(ge) not Not do or omit to do any act, deed or thing which may in any manner be violative is violating of any of the provisions of this Agreement;; and
(hf) support, cooperate with and facilitate the Concessionaire in the operation and maintenance of the Existing Project Facilities and implementation and operation of the Project Facilities in accordance with the provisions of this Agreement; and.
(g) effect payment towards bulk water charges, differential tariff on power if applicable, O&M of Pillur I scheme, provision for additional house service connections, asset replacement and major maintenance activities as detailed under section 2.2, Part II, Volume – III (Technical Terms of Reference).
(h) to ensure adequate availability of raw water within the provisions of the Agreement. It is clarified that while performing its obligations herein, at any time during the Concession Period in case the Authority makes any changes in the source of raw water or the supply system of raw water from the source to the intake point of the Project, it shall do so in a manner such that such changes do not affect the design of the Project or cast additional obligations on the Concessionaire or in any manner affect the performance of the Concessionaire in achieving the Key Performance Indicators under this Agreement.
(i) upon written request The Authority hereby covenants that, on and from the Concessionaire date hereof and subject until the Appointed Date:
(i) the Authority shall continue to be responsible to operate and maintain the provisions Existing Project Facilities and provide water supply services and collect User Charges in the Service Area. The Authority shall also be responsible for repairing the Existing Project Facilities during such period.
(ii) The Authority shall bear all liabilities, including contingent liabilities related to any payable accounts, environmental contamination and other environmental liabilities, arising out of Clause 5.4, provide reasonable assistance or in connection with the operation of the Existing Project Facilities.
(iii) The Authority shall handover / ensure handover of the Existing Project Facilities to the Concessionaire in the Service Area without encumbrance on and any expatriate personnel from the Construction Period.
(iv) The Authority shall ensure that all contracts between the Authority / other third party agencies and contractors in respect of the Concessionaire Existing Project Facilities and/ or its Contractors water supply services in the Service Area shall be terminated / novated as mutually agreed between the Parties on or prior to obtain applicable visas and work permits for the purposes of discharge by Appointed Date.
(v) give prompt written notice to the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.of:
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;; For avoidance of doubt and interpretation, it is the obligation of the Concessionaire to procure the licenses and Authority shall not be liable for any delay or non approval.
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;; For avoidance of doubt and interpretation, it is the obligation of the Concessionaire to procure the licenses and Authority shall not be liable for any delay or non approval.
(c) procure that no barriers are erected or placed on or about the Site Project Highway 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalDeleted;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users traffic on the Bus Terminal:Project Highway;
(f) assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Bus TerminalProject Highway;
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
(j) Timely acquire the land required as per Clause 10.3 for the purposes of this Agreement to enable the Concessionaire to implement the Project.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 . The Authority 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) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide all reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the Project;
(b) upon written request from the Concessionaire, provide reasonable assistance use its best efforts to assist the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about provide complete access to the Site by any Government Instrumentality or persons claiming through or under it, except for reasons free of Emergency, national security, law and order or collection of inter-state taxesencumbrance;
(d) make best endeavours ensure that payments are reimbursed by the Authority to procure that no local Taxthe Concessionaire in a timely manner, toll or charge is levied or imposed on in accordance with the use of whole or any part of the Bus Terminalreimbursement mechanism outlined in Clause 23.1.1;
(e) subject to and ensure that payment towards the grant is made, in a timely manner, in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:Clause 21;
(f) assist allow access to and use of the Site for the purpose of maintaining telephone lines, electricity lines, water piping or for such other public purpose as the Concessionaire in procuring police assistance may require, but the charges for removal the use of trespassers and security on or at such utilities shall be incurred by the Bus TerminalConcessionaire;
(g) pay any property tax or any tax, cess or duties in relation to the Project and the Site on which it is established;
(h) ensure that the Hospital provides for water for the Project, and to ensure that the Hospital accepts in its sewerage system waste water effluent from the Project, free of cost;
(i) the Authority shall ensure that the Hospital complies with all its obligations under this Agreement;
(j) 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;; and
(hk) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Public Private Partnership Agreement
Obligations of the Authority. 6.1.1 6.1.1. The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Concession Agreement or arising hereunder.
6.1.2 6.1.2. The Authority 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 Concession Agreement and the Applicable Laws, the following:
(a) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to facilitate the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of operationof the Project, by giving necessary support letter;
(b) upon written request from the Concessionaire, provide reasonable assistance to the Concessionaire in obtaining access to all necessary infrastructure infrastructural facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure Facilitate for obtaining approval from the local body, Imphal Municipal Corporation and Town Planning Department; and
d) Facilitate all Applicable Permits relating to environmental protection and conservation of the Site:
e) assure as far as possible that no barriers are erected or placed on in or about the Site immediate surroundings of the Multi-Level Car Parking and Commercial Complex at Old Power House Complex, Keishampat,Imphal 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-inter- state taxes;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring seeking police assistance for removal wherever necessary during the course of trespassers and security on or at the Bus Terminal;
(Project; g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable favorable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, security or law and order or collection of inter-state taxesorder;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;Deleted
(e) subject Subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on use of the Bus Terminal:Project;
(f) assist Assist the Concessionaire in procuring police assistance for regulation of Users, removal of trespassers and security on or at the Bus TerminalProject;
(g) not Not do or omit to do any act, deed or thing which may in any manner be violative is violating of any of the provisions of this Agreement;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and;
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their respective obligations under this Agreement and the Project Agreements;
(j) undertake rehabilitation and resettlement of persons affected by construction of the Project and bear all costs and expense in respect thereof, save and except as otherwise provided in this Agreement; and
(k) subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring approvals, other than approval of the General Approval Drawings of the Railway authorities for construction of such road over bridges/under bridges.]
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the ProjectHeliport;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, procure Applicable Permits, if any, relating to environmental protection and conservation of the Heliport, at the cost and expense of the Concessionaire ;
(d) procure that no barriers are erected or placed on or about the Site Heliport by any Government Instrumentality or persons claiming through or under it, except for reasons of Safety Requirements, Emergency, national security, or law and order or collection of inter-state taxesorder;
(de) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalHeliport;
(ef) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users traffic on the Bus Terminal:Site;
(fg) assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Bus TerminalHeliport;
(gh) 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;
(hi) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; andAgreement and in accordance with Applicable Laws;
(ij) upon written request from the Concessionaire and subject to the provisions of Clause 5.45.7, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;
(b) subject to the Concessionaire complying with Applicable Laws, issue or cause to be issued, all Applicable Permits, including environmental or forest clearances, required from any Government Instrumentality for implementation and operation of the Project;
(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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(cd) subject to the Concessionaire complying with Applicable Laws, procure or cause to be procured, the issuance of a licence to the Concessionaire for distribution of electricity within the Port;
(e) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance in procuring Applicable Permits and other approvals required from any Government Instrumentality for declaration and operation of the Port as a special economic zone under the provisions of the Special Economic Xxxxx Xxx, 0000 or any substitute thereof;
(f) appoint or procure the appointment of a person designated by the Concessionaire to discharge the duties and functions of the conservator of the Port in accordance with the provisions of the Xxxxxx Xxxxx Xxx, 0000;
(g) procure that no barriers are erected or placed on or about the Site Port 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;
(dh) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalPort;
(ei) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users traffic on the Bus Terminal:Port;
(fj) assist the Concessionaire in procuring police assistance of Police and Coast Guards for regulation of traffic, removal of trespassers and security on or at the Bus TerminalPort;
(gk) 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;
(hl) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and;
(im) upon written request from the Concessionaire and subject to the provisions of Clause 5.45.6, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their respective obligations under this Agreement and the Project Agreements; and
(n) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance in procuring the issuance of an order by the Government of India under Section 407 (3) of the Merchant Shipping Act, 1958 for exempting the application of Section 407 (1) of the Merchant Shipping Act, 1958 in respect of the transhipment of Containers to and from the Port.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertakeundertakes, comply with with, and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with with, and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following:
(a) 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 Permits, required from any Government Instrumentality for implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site 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;
(d) make best endeavours pay property tax in relation to procure that no local Tax, toll or charge the Site (except Commercial Zone Development) on which it is levied or imposed on the use of whole or any part of the Bus Terminalestablished;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on use of the Bus Terminal:Project;
(f) assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Bus TerminalProject;
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge discharging by the Concessionaire or its Contractors their respective obligations under this Agreement and the Project Agreements;
(j) provide to the Concessionaire, upon receiving the Performance Security under Clause 9.1, the Site in accordance with the provisions of Article 10;
(k) Provide access to, at minimum, 4 (four)-lane paved road, and single line rail siding to the MMLP and [2] handling rail track[s] inside the MMLP shown in the project map attached in the Schedule A;
(l) the Authority shall maintain, in conformity with Good Industry Practice, all stretches of the external Roads provided / constructed by the Authority connecting the Site;
(m) undertake rehabilitation and resettlement of persons affected by construction of the Project and bear all costs and expense in respect thereof, save and except as otherwise provided in this Agreement;
(n) Authority shall be responsible for the land use conversion of the Site of the Project;
(o) subject to the Concessionaire complying with Applicable Laws, making requisite applications provide reasonable assistance to the Concessionaire in procuring electricity supply within the Project;
(p) provide to the Concessionaire the Right of Way, access, leave and license rights to the Site in accordance with the provisions of Article 10;
(q) provide complete access to the Site free of encumbrance, including right to use for the purpose of maintaining telephone lines, electricity lines, water piping or for such other public purpose as the Concessionaire may require, but the charges for the use of such utilities shall be incurred by the Concessionaire;
(r) Provide external power [and external water supply7] connection8 to the Site no later than [•] months from Appointed Date but in any event not later than 6 (six) months prior to COD. Upon breach of its obligations as set forth in Clause 6.1.2(k) for rail connectivity and Clause 6.1.2 (r) for power supply, the Authority shall be liable to compensate to the Concessionaire the loss by extending the Concession period by the proportion that can be mitigated by such extension. However, such extension shall not exceed more than 10% (ten per cent) of the Concession Period and such extension shall be the sole remedy of the Concessionaire.
Appears in 1 contract
Samples: Model Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 the Applicable Permits Permits, including the Transmission Licence, required from any Government Instrumentality for implementation and operation of the ProjectTransmission System;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) facilitate the procurement of Line ROW by the Concessionaire;
(d) procure that no barriers are erected or placed on or about the Site Transmission System by any Government Instrumentality or persons claiming through or under it, except for reasons of Safety Requirements, Emergency, national security, or law and order or collection of inter-state taxesorder;
(de) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalTransmission System;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for removal of trespassers and for security on or at the Bus TerminalTransmission System;
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this AgreementAgreement and Applicable Laws; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.45.5, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Transmission Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 11.1. The Authority agrees to provide support to the Concessionaire and undertakes to observe, comply and perform the following:
a) Enable access to the Project Site, free from Encumbrances, in accordance with and perform, subject to this Agreement;
b) Permit peaceful use of the Project Site during Concession Period by the Concessionaire as licensee under and in accordance with the provisions of this Agreement without any let or hindrance from the Authority or persons claiming through or under it;
c) assist and provide all reasonable support to the Concessionaire in obtaining Applicable Laws, the following:Permits;
(ad) 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 implementation and operation of the Project;
(b) upon written request from the Concessionaire, provide reasonable assistance to assist the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water water, electricity, internet connection and electricity telecommunication facilities at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(ce) procure Ensure that no barriers are erected or placed on or about the Site by any Government Instrumentality Agency or persons claiming through or under it, any other Person on the Project Facilities except for reasons on account of Emergency, national security, any law and order situation or collection of inter-state taxesupon national security considerations;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist Assist the Concessionaire in procuring police obtaining Police assistance from GOMP, for removal traffic regulation, removing encroachment over Project Site/ Project Facilities, patrolling and provision of trespassers and security on or at the Bus TerminalProject Facilities;
(g) not do Indemnify Concessionaire against all actions, suits, claims, demands and proceedings and any loss or omit damage or cost or expense that may be suffered by them on account of anything done or omitted to do any act, deed or thing which may be done by the Authority in any manner be violative of any of the provisions of this Agreement;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance connection with the provisions performance of its obligations under this Agreement; and
(ih) upon written request from the Concessionaire Observe and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or comply with its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under set forth in this Agreement and the Project AgreementsAgreement.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 Obligations of the Authority The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 . The Authority 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) : upon written request from the Concessionaire, 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 implementation and operation of the Project;
(b) Project Highway subject to and in accordance with terms hereof; 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) ; procure that no barriers are erected or placed on or about the Site Project Highway by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, security or law and order or collection of inter-state taxes;
(d) ; make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) Project Highway; subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users traffic on the Bus Terminal:
(f) Project Highway; assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Bus Terminal;
(g) Project Highway; 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;
(h) ; support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) and upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for in such manner as may be necessary to facilitate the purposes compliance of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.. Maintenance obligations prior to Appointed Date {….(O&M Handover Date)}4 Prior to Appointed Date {….(O&M Handover Date)},5 the Authority shall maintain {and/or cause to be maintained through existing annuity/ contractor}6 the Project Highway, at its own cost and expense, so that its traffic worthiness and safety are at no time materially inferior as compared to its condition 7 (seven) days prior to the last date for submission of the Bid, and in the event of any material deterioration or damage other than normal wear and tear, undertake repair thereof, or pay to the Concessionaire the cost and expense, as determined by the Independent Engineer, for undertaking such repair after the Appointed Date. For the avoidance of doubt, the Authority shall undertake or caused to be undertaken only routine maintenance prior to the Appointed Date {….(O&M Handover Date)}7, and it shall undertake or caused to be undertaken special repairs only for ensuring safe operation of the Project Highway, or in the event of excessive deterioration or damage caused due to unforeseen events such as floods or torrential rain. Obligations relating to Competing Roads The Authority shall procure that during the subsistence of this Agreement, neither the Authority nor any Government Instrumentality shall construct or cause to be constructed any Competing Road; provided that the restriction herein shall not apply if the average traffic on the Project Highway in any 3 (three) consecutive years exceeds 90% (ninety percent) of its designed capacity as stipulated in the Specifications and Standards. Upon breach of its obligations hereunder, the provisions of the Fee Rules shall apply. Obligations relating to refinancing Upon request made by the Concessionaire to this effect, the Authority shall, in conformity with any regulations or guidelines that may be notified by the State Government or the Government of India or the Reserve Bank of India, as the case may be, permit and enable the Concessionaire to secure refinancing on such terms as may be agreed upon between the Concessionaire and the entity providing such refinancing; provided, however, that the refinancing hereunder shall always be subject to the prior consent of the Authority, which consent shall not be unreasonably withheld. The Authority shall endeavour to convey its decision on such request of the Concessionaire within 30 (thirty) days of receipt of the proposal by the Authority. 4 In case of Annuity Concession/New EPC and to be deleted in case of Item Rate 5 In case of Annuity Concession/New EPC 6 In case of Annuity Concession/New EPC 7 In case of Annuity Concession/New EPC
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide all reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the Project;
(b) upon written request from the Concessionaire, provide reasonable assistance to assist the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure ensure that no barriers are erected or placed on or about the Site 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalProject and Project Facilities ;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Bus TerminalProject and Project Facilities;
(gf) 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;
(hg) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and;
(ih) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide all reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the ProjectProject including Change of User Agency in Forest Clearance, State Pollution Control Board approval, Eco- Tourism Committee approval etc.;
(b) upon written request from the Concessionaire, provide reasonable assistance to assist the Concessionaire (on best effort basis without any binding obligation) in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity utilities as may be required for the Project at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users visitors to or on the Bus Terminal:Project Site for its operation;
(fd) assist the Concessionaire in procuring police assistance for regulation of any movement of goods/ traffic, removal of trespassers and deal with any major security threat on or at the Bus TerminalProject Site, if required;
(ge) not do or omit to do any act, deed or thing which may in any manner be violative violation of any of the provisions of this Agreement;
(hf) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(ig) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project AgreementsDeleted.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable favorable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, security or law and order or collection of inter-state taxesorder;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;Deleted
(e) subject Subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on use of the Bus Terminal:Project;
(f) assist Assist the Concessionaire in procuring police assistance for regulation of Users, removal of trespassers and security on or at the Bus TerminalProject;
(g) not Not do or omit to do any act, deed or thing which may in any manner be violative is violating of any of the provisions of this Agreement;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and;
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their respective obligations under this Agreement and the Project Agreements;
(j) undertake rehabilitation and resettlement of persons affected by construction of the Project and bear all costs and expense in respect thereof, save and except as otherwise provided in this Agreement; and
(k) Deleted.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide all reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the Project;
(b) upon written request from the Concessionaire, provide reasonable assistance to assist the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure ensure that no barriers are erected or placed on or about the Project Site 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-inter- state taxes;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalProject and Project Facilities;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Bus TerminalProject and Project Facilities;
(gf) 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;
(hg) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(ih) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide all reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the ProjectProject including Change of User Agency in Forest Clearance, State Pollution Control Board approval, Eco- Tourism Committee approval etc.;
(b) upon written request from the Concessionaire, provide reasonable assistance to assist the Concessionaire (on best effort basis without any binding obligation) in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity utilities as may be required for the Project at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users visitors to or on the Bus Terminal:Project Site for its operation;
(fd) assist the Concessionaire in procuring police assistance for regulation of any movement of goods/ traffic, removal of trespassers and deal with any major security threat on or at the Bus TerminalProject Site, if required;
(ge) not do or omit to do any act, deed or thing which may in any manner be violative violation of any of the provisions of this Agreement;
(hf) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(ig) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site XXX Ropeway 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalXXX Ropeway;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users traffic on the Bus Terminal:XXX Ropeway;
(f) assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Bus TerminalXXX Ropeway;
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Except as otherwise provided in this Agreement, the Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority agrees to provide support to the Concessionaire Mine Operator 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) upon written request from the Concessionaire, and subject procure access 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 implementation and operation of the ProjectSite;
(b) [provide connectivity to the rail network, road network and electricity grid in accordance with the provisions of this Agreement;]
(c) depute its representatives for participation in public hearings for the purposes of procuring environmental and forest clearance in accordance with Applicable Laws;
(d) procure issuance of notification for land acquisition for the Project under section 11 of Coal Bearing Areas (Acquisition & Xxxxxxxxxxx) Xxx, 0000 or section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Xxxxxxxxxxxx Xxx, 0000, as applicable, in accordance with the provisions of this Agreement;
(e) reimburse to the Mine Operator in accordance with the R&R Policy all direct and documented R&R Costs incurred by the Mine Operator in undertaking the Rehabilitation and Resettlement in accordance with this Agreement;
(f) upon written request from the ConcessionaireMine Operator, provide reasonable assistance to the Concessionaire Mine Operator in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire Mine Operator than those generally available to commercial customers receiving substantially equivalent services;
(cg) procure that no barriers are erected or placed on or about upon written request from the Site Mine Operator, and subject to the Mine Operator complying with Applicable Laws, provide all reasonable support and assistance to the Mine Operator in procuring Applicable Permits required by any Government Instrumentality or persons claiming through or the Mine Operator for performance of its obligations under it, except for reasons of Emergency, national security, law and order or collection of inter-state taxesthis Agreement;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for removal of trespassers and security on or at the Bus Terminal;
(gh) 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;
(hi) support, cooperate with and facilitate the Concessionaire Mine Operator in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project AgreementsAgreement.
Appears in 1 contract
Samples: Model Contract Agreement
Obligations of the Authority. 6.1.1 Obligations of the Authority The Authority shall, at its own cost and expense expenses undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 . The Authority 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) : 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 implementation and operation of the Project;
(b) ; 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 at rates and on terms no less favourable favorable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) ; procure that no barriers are erected or placed on or about the Site Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, security or law and order or collection of inter-state taxes;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) ; subject to Clause 3.1.1 and Schedule-C (Project Facilities) and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on use of the Bus Terminal:
(f) Project; assist the Concessionaire in procuring police assistance for regulation of movement of Users/ traffic, removal of trespassers and security on or at the Bus Terminal;
(g) Project; not do or omit to do any act, deed or thing which may may, in any manner be violative of any of the provisions of this Agreement;
(h) ; support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their respective obligations under this Agreement and the Project Agreements; upon written request from the Concessionaire provide reasonable assistance to the Concessionaire for obtaining Applicable Permits including environmental clearances; undertake rehabilitation and resettlement of persons affected by construction of the Project and bear all costs and expense in respect thereof, save and except as otherwise provided in this Agreement; and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring approvals. Obligations relating to refinancing Upon request made by the Concessionaire to this effect, the Authority shall, in conformity with any regulations or guidelines that may be notified by the Government or the Reserve Bank of India, as the case may be, permit and enable the Concessionaire to secure refinancing, in whole or in part, of the Debt Due on such terms as may be agreed upon between the Concessionaire and the entity providing such refinancing; provided, however, that the refinancing hereunder shall always be subject to the prior consent of the Authority, which consent shall not be unreasonably withheld. For the avoidance of doubt, the tenure of debt refinanced hereunder may be determined mutually between the Senior Lenders and the Concessionaire, but the repayment thereof shall be completed no later than 1 (one) year prior to expiry of the Concession Period.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertakeundertakes, comply with with, and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority agrees to provide support to the Concessionaire and undertakes to observe, comply with with, and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following:
(a) 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 Permits, required from any Government Instrumentality for implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about pay property tax in relation to the Site 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 taxeson which it is established;
(d) make best endeavours It is clarified that the Authority shall be liable to procure that no local Taxpay property tax, toll or charge is levied or imposed on but the use of whole or same to be reimbursed by the Concessionaire to the Authority in proportionate to the land/facility created/developed/operated/used by the concessionaire, and any part of default in such reimbursement shall be treated as breach by the Bus Terminal;concessionaire.
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on use of the Bus Terminal:Project;
(f) assist the Concessionaire in procuring police assistance for removal of trespassers and security on or at the Bus Terminal;
(g) 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;
(hg) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(h) provide to the Concessionaire, upon receiving the Performance Security under Clause 9.1, the Site in accordance with the provisions of Article 10;
(i) Provide access to, as shown in the project map attached in Schedule A, to the Facility as shown in attached in Schedule B;
(j) subject to the Concessionaire complying with Applicable Laws, making requisite applications provide reasonable assistance to the Concessionaire in procuring electricity supply within the Project;
(k) provide to the Concessionaire the Right of Way, access, leave and license rights to the Site in accordance with the provisions of Article 10;
(l) provide complete access to the Site free of encumbrance, including right to use for the purpose of maintaining telephone lines, electricity lines, water piping or for such other public purpose as the Concessionaire may require, but the charges for the use of such utilities shall be incurred by the Concessionaire;
(m) upon written request from the Concessionaire Concessionaire, and subject to the provisions Concessionaire complying with Applicable Laws, and subject to the applicable guidelines issued by Government of Clause 5.4India, from time to time, facilitate and provide reasonable assistance support to the Concessionaire and any expatriate personnel in procuring statutory approvals for setting up of custom facilities in the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.Facility;
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the ProjectHealthcare Network;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers public hospitals and such other facilities receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Healthcare Network by any Government Instrumentality or persons claiming through or under it, except for reasons of Safety Requirements, Emergency, national security, law and order or collection of inter-state taxesApplicable Law;
(d) make best endeavours identify or cause to procure that no local Tax, toll be identified persons or charge is levied or imposed on families who shall be the use Select Patients eligible for provision of whole or any part of the Bus TerminalHealthcare Services in accordance with this Agreement;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for removal of trespassers and security on or at dealing with medico-legal cases which are brought to the Bus TerminalHospital and/or Health Centres, if any;
(gf) 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;
(hg) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement;
(h) make all payments to the Concessionaire in the manner and within the time period specified in this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.45.4.2, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in Concessionairein procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the ProjectHealthcareNetwork;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers public hospitals and such other facilities receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Healthcare Network by any Government Instrumentality or persons claiming through or under it, except for reasons of Safety Requirements, Emergency, national security, law and order or collection of inter-state taxesApplicable Law;
(d) make best endeavours identify or cause to procure that no local Tax, toll be identified persons or charge is levied or imposed on families who shall be the use Select Patients eligible for provision of whole or any part of the Bus TerminalHealthcare Services in accordance with this Agreement;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for removal of trespassers and security on or at dealing with medico-legal cases which are brought to the Bus TerminalFacility, if any;
(gf) 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;
(hg) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement;
(h) make all payments to the Concessionaire in the manner and within the time period specified in this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.45.4.2, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 6.1.1. The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 6.1.2. The Authority 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) 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 implementation construction, operation and operation management of the ProjectAirport, at the cost and expense of the Concessionaire;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial similar utility customers receiving substantially equivalent services;
(c) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, procure Applicable Permits, if any, relating to environmental protection and conservation of the Airport, excluding the City Side Development, at the cost and expense of the Concessionaire;
(d) procure that no barriers are erected or placed on or about the Site Airport by any Government Instrumentality or persons claiming through or under it, except for reasons of Safety Requirements, Emergency, national security, or law and order or collection of inter-state taxesorder;
(de) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalAirport;
(ef) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on traffic at the Bus Terminal:Site;
(fg) assist the Concessionaire in procuring police assistance from appropriate GOI agency for regulation of traffic, removal of trespassers and security on or at the Bus TerminalAirport;
(gh) 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;
(hi) support, cooperate with and facilitate the Concessionaire in the implementation construction, operation and operation maintenance of the Project in accordance with the provisions of this Agreement; andAgreement and in accordance with Applicable Laws;
(ij) upon written request from the Concessionaire and subject to the provisions of Clause 5.45.7, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their respective obligations under this Agreement and the Project Agreements;
(k) procure a 4 (four) lane access road to the Airport before COD for Phase I;
(l) assist the Concessionaire in procuring at Concessionaire’s cost, Right of Way for setting up of water pipes and electric cables to the Site.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) a. 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 (Schedule – E) required from any Government Instrumentality for implementation and operation of the Project;
(b) b. 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) c. procure that no barriers are erected or placed on or about the Site Haji Bunder (Sewree) to Elephanta Island Ropeway 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;
(d) d. make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalHaji Bunder (Sewree) to Elephanta Island Ropeway;
(e) e. subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users traffic on the Bus Terminal:Haji Bunder (Sewree) to Elephanta Island Ropeway;
(f) f. assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Bus Terminal;
Haji Bunder (gSewree) to Elephanta Island Ropeway; g. 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;
(h) ; h. support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) i. upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable favorable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, security or law and order or collection of inter-state taxesorder;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;[Deleted]
(e) subject Subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on use of the Bus Terminal:Project;
(f) assist Assist the Concessionaire in procuring police assistance for regulation of Users, removal of trespassers and security on or at the Bus TerminalProject;
(g) not Not do or omit to do any act, deed or thing which may in any manner be violative is violating of any of the provisions of this Agreement;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and;
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their respective obligations under this Agreement and the Project Agreements;
(j) undertake rehabilitation and resettlement of persons affected by construction of the Project and bear all costs and expense in respect thereof, save and except as otherwise provided in this Agreement; and
(k) subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring approvals, other than approval of the General Approval Drawings of the Railway authorities for construction of such road over bridges/under bridges.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the ProjectHospital and the Medical College;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to institutional and/or commercial customers (as applicable) receiving substantially equivalent services;
(c) procure upon written request from the Concessionaire and prior to the application to Central Government in terms of section 10A of The Indian Medical Council Act, 1956, as amended from time to time, for establishment of the Medical College, assist in procuring affiliation with the University for the purposes of operation and maintenance of the Medical College;
(d) transfer the Site to the Concessionaire and ensure that no barriers are erected or placed on or about the Site Hospital and the Medical College by any Government Instrumentality or persons claiming through or under it, except for reasons of Safety Requirements, Emergency, national security, or law and order or collection of inter-state taxesorder;
(de) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalHospital and/or the Medical College ;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist upon written request from the Concessionaire in procuring police assistance for removal Concessionaire, execute the Substitution Agreement after the execution of trespassers and security on or at the Bus Terminal;Financing Agreement by the Concessionaire.
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement;
(i) make all payments to the Concessionaire in the manner and within the time period specified in this Agreement; and
(ij) upon written request from the Concessionaire and subject to the provisions of Clause 5.45.5, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
(k) Authority shall (so long as Concessionaire does not commit a default/breach of its obligations) disburse the Grant amount to the Concessionaire by credit to the Escrow Account, as per the terms set out under this Agreement.
(l) make all payments to the Concessionaire in the manner and within the time period specified in this Agreement; and
(m) The Authority shall constitute a State Committee headed by retired High Court Judge to regulate and approve the Fee in accordance with provisions, parameters and mechanism as set out at Schedule O, that Concessionaire shall be entitled to charge from the Students (other than for the Select Students)
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) upon written request from the Concessionaire, 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 implementation and operation of the ProjectProject Highway subject to and in accordance with terms hereof;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Project Highway by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, security or law and order or collection of inter-state taxes;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalProject Highway;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users traffic on the Bus Terminal:Project Highway;
(f) assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Bus TerminalProject Highway;
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for in such manner as may be necessary to facilitate the purposes compliance of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 6.1.1. The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Concession Agreement or arising hereunder.
6.1.2 The 6.1.2. he Authority 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 Concession Agreement and the Applicable Laws, the following:
(a) upon written request from the Concessionaire, and subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to facilitate the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of operationof the Project, by giving necessary support letter;
(b) upon written request from the Concessionaire, provide reasonable assistance to the Concessionaire in obtaining access to all necessary infrastructure infrastructural facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure Facilitate for obtaining approval from the local body, Imphal Municipal Corporation and Town Planning Department; and
d) Facilitate all Applicable Permits relating to environmental protection and conservation of the Site:
e) assure as far as possible that no barriers are erected or placed on in or about the Site immediate surroundings of the Multi-Level Car Parking and Commercial Complex at Kangla Xxx, Imphal 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-inter- state taxes;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring seeking police assistance for removal wherever necessary during the course of trespassers and security on or at the Bus Terminal;
(Project; g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 the Applicable Permits required from any Government Instrumentality for implementation and operation of the ProjectStorage Facility;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Storage Facility by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, or law and order or collection of inter-state taxesorder;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalStorage Facility;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for removal of trespassers and for security on or at the Bus TerminalStorage Facility;
(gf) 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;
(hg) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this AgreementAgreement and Applicable Laws; and
(ih) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority agrees to provide support to the Concessionaire and undertakes to undertakesto observe, comply with and perform, subject to and in accordance with the provisions theprovisions of this Agreement and the Applicable Laws, the following:
(a) 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 Permitsrequired from any Government Instrumentality for implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable favorable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, security or law and order or collection of inter-state taxesorder;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;[Deleted]
(e) subject Subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on use of the Bus Terminal:Project;
(f) assist Assist the Concessionaire in procuring police assistance for regulation of Users, removal of trespassers and security on or at the Bus TerminalProject;
(g) not Not do or omit to do any act, deed or thing which may in any manner be violative isviolating of any of the provisions of this Agreement;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and;
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their respective obligations under this Agreement and the Project Agreements.;
(j) undertake rehabilitation and resettlement of persons affected by construction of the Project and bear all costs and expense in respect thereof, save and except as otherwise provided in this Agreement; and
(k) subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring approvals, other than approval of the General Approval Drawingsof the Railway authorities for construction of such road over bridges/under bridges.]4
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;; For avoidance of doubt and interpretation, it is the obligation of the Concessionaire to procure the licenses and Authority shall not be liable for any delay or non approval.
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;; For avoidance of doubt and interpretation, it is the obligation of the Concessionaire to procure the licenses and Authority shall not be liable for any delay or non approval.
(c) procure that no barriers are erected or placed on or about the Site Project Highway 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalDeleted;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users traffic on the Bus Terminal:Project Highway;
(f) assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Bus TerminalProject Highway;
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
(j) timely acquire the land required as per Clause 10.3 for the purposes of this Agreement to enable the Concessionaire to implement the Project.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority agrees to provide support to the Concessionaire Operator 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) upon written request from provide the Concessionaire, routes to be undertaken by the Operator as detailed in Clause 16.4 herein and subject to in accordance with the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits required from any Government Instrumentality for implementation and operation of the ProjectFleet Plan;
(b) provide land, free from encumbrances, on licence for setting up and operating Maintenance Depots in accordance with the provisions of this Agreement;
(c) provide, or cause to be provided, road connectivity at any location on the boundary of the Maintenance Depots;
(d) provide, or cause to be provided, electric H.T. transmission supply lines nearer to the Authority premises i.e. Licensed or Agreed Premises, as specified in Schedule-A, or at any location situated within 500 m (five hundred meters) of the boundary of the Maintenance Depots;
(e) upon written request from the ConcessionaireOperator, provide reasonable assistance to assist the Concessionaire Operator in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to for the Concessionaire than those generally available to commercial customers receiving substantially equivalent servicesMaintenance Depots;
(c) procure that no barriers are erected or placed on or about the Site 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) upon written request from the Operator, provide the Operator with competent and trained employees to assist the Concessionaire Operator in procuring police assistance for removal of trespassers and security on or at the Bus Terminalcarrying out its duties under this Agreement;
(g) upon written request from the Operator, and subject to the Operator complying with Applicable Laws, provide all reasonable support and assistance to the Operator in procuring Applicable Permits, including environmental for construction and operation of the Maintenance Depots, required from any Governmental Instrumentality for implementation and operation of the objectives set forth in this Agreement;
(h) 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;
(hi) support, cooperate with and facilitate the Concessionaire Operator in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(ij) upon written request from the Concessionaire Operator and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire Operator and any expatriate personnel of the Concessionaire Operator or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire Operator or its Contractors their obligations under this Agreement Agreement.
(k) The Authority will provide land and electricity connection i.e. 11 KV electrical lines however the Project Agreements11 KV substation and local distribution to charging station is in the Operators scope.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 6.1.1. The Authority shall, at its own cost and expense undertakeundertakes, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 6.1.2. The Authority agrees to provide support to the Concessionaire Service Provider 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) 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 implementation and operation procurement of the ProjectRight of Way, access and license in respect of the Silos and real estate related thereto and notification / declaration of the Silos, as may be mutually agreed between the Parties hereto, as ‘private freight terminals’ vide the PFT Notifications of the Railways;
(b) upon written request from the ConcessionaireService Provider, provide reasonable assistance to assist the Concessionaire Service Provider in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire Service Provider than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about upon written request from the Site by any Government Instrumentality or persons claiming through or under itService Provider, except for reasons of Emergency, national security, law and order or collection of inter-state taxes;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to and in accordance the Service Provider complying with the Applicable Laws, grant provide all reasonable support and assistance to the Concessionaire Service Provider in procuring Applicable Permits (including environmental clearance) for performance of its duties, obligations and responsibilities under this Agreement, required from any Government Instrumentality for implementation and operation of the authority objectives set forth in this Agreement. For the avoidance of any doubt, it is hereby clarified that nothing stated herein shall be construed to regulate Users on absolve the Bus Terminal:duties, obligations and responsibilities of the Service Provider to procure, obtain and maintain all Applicable Permits as may be required for due performance of its duties, obligations and responsibilities under this Agreement;
d) make the payment of the Logistics Charges to the Service Provider, in consideration of the due performance of the duties, obligations and responsibilities of the Service Provider under this Agreement, in accordance with the requirements of Article 15 of this Agreement;
e) reimburse the Railway Freight Charges after deducting the rebate provided by the Railways under the LWIS Scheme, to the Service Provider, within 7 (seven) days of the Service Provider submitting the Railway Receipt to the Authority;
f) assist the Concessionaire in procuring police assistance provide space for removal stabling of trespassers and security on or Xxxxx at the Bus Terminalsiding of Silos at no additional cost to the Service Provider in accordance with Article 15.8;
(g) the Service Provider may be permitted to use the Specialized Wagons for additional commercial activity for third parties, in accordance with the terms and conditions of Article 16 of this Agreement; h) not do or omit to do any act, deed or thing which may in any manner be violative in violation of any of the provisions of this Agreement;
(h; i) support, cooperate with and facilitate the Concessionaire Service Provider in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Service Agreement
Obligations of the Authority. 6.1.1 1) The Authority shall, at its own cost and expense undertakeundertakes, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 2) The Authority 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) 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 (Schedule – E) required from any Government Instrumentality for implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site village Rampur to Naina Devi Ji Ropeway 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminalvillage Rampur to Naina Devi Ji Ropeway;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users traffic on the Bus Terminal:village Rampur to Naina Devi Ji Ropeway;
(f) assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Bus Terminalvillage Rampur to Naina Devi Ji Ropeway;
(g) 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;
(; h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation implementation, development, operation and operation maintenance of the Project; however the responsibility for obtaining the Applicable Permits shall always be that of the Concessionaire;
(b) upon written request from the Concessionaire, provide reasonable assistance to assist the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services. All costs, charges and fees, including developmental charges payable to the relevant department/licensee shall be borne by the Concessionaire;
(c) procure that no barriers are erected or placed on or about the Site 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;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for removal of trespassers and security on or at the Bus Terminal;
(g) 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;; and
(hd) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and.
(ie) upon written request from the Concessionaire and subject to the provisions of Clause Article 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertakeundertakes, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority agrees to provide support to the Concessionaire and undertakes undertake to observe, comply with and perform, subject to and in accordance with the provisions of this Agreement and the Applicable Laws, the following:
(a) 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 implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Project Road by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, security or law and order or collection of inter-state taxesorder;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalProject Road;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users traffic on the Bus Terminal:Project Road;
(f) assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Bus Terminal;
(Project Road; g) 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;
(; h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and;
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
j) Withdraw the cost towards acquisition of Site required for the Project from the Designated Accounted as set out in Annex-II (Schedule-A).
k) any third party facility crossing or along the Project Road, is envisaged in future; then the Authority, the Concessionaire and such third party shall mutually agree upon relevant terms and conditions of such development. 6.2 Deleted 6.3 Deleted
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority.
6.1.1 The Authority shall, at its own cost and expense expenses undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable favorable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Project by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, security or law and order or collection of inter-state taxesorder;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject Subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on use of the Bus Terminal:Project;
(fe) assist Assist the Concessionaire in procuring police assistance for regulation of Users, removal of trespassers and security on or at the Bus TerminalProject;
(f) Assist the Concessionaire in obtaining all Applicable Permits including environmental protection for development of the Project;
(g) not Not do or omit to do any act, deed or thing which may in any manner be violative is violating of any of the provisions of this Agreement;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and;
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4Concessionaire, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors discharging their respective obligations under this Agreement and the Project Agreements;
(j) upon written request from the Concessionaire provide reasonable assistance to the Concessionaire for obtaining Applicable Permits;
(k) undertake rehabilitation and resettlement of persons affected by construction of the Project and bear all costs and expense in respect thereof, save and except as otherwise provided in this Agreement; and
(l) subject to the Concessionaire complying with Applicable Laws, provide reasonable support and assistance to the Concessionaire in procuring approvals.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 6.1.1. The Authority shall, at its own cost and expense undertakeundertakes, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 6.1.2. The Authority agrees to provide support to the Concessionaire Service Provider 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) 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 implementation and operation procurement of the ProjectRight of Way, access and license in respect of the Silos and real estate related thereto and notification / declaration of the Silos, as may be mutually agreed between the Parties hereto, as ‘private freight terminals’ vide the PFT Notifications of the Railways;
(b) upon written request from the ConcessionaireService Provider, provide reasonable assistance to assist the Concessionaire Service Provider in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favourable to the Concessionaire Service Provider than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about upon written request from the Site by any Government Instrumentality or persons claiming through or under itService Provider, except for reasons of Emergency, national security, law and order or collection of inter-state taxes;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus Terminal;
(e) subject to and in accordance the Service Provider complying with the Applicable Laws, grant provide all reasonable support and assistance to the Concessionaire Service Provider in procuring Applicable Permits (including environmental clearance) for performance of its duties, obligations and responsibilities under this Agreement, required from any Government Instrumentality for implementation and operation of the authority objectives set forth in this Agreement. For the avoidance of any doubt, it is hereby clarified that nothing stated herein shall be construed to regulate Users on absolve the Bus Terminal:duties, obligations and responsibilities of the Service Provider to procure, obtain and maintain all Applicable Permits as may be required for due performance of its duties, obligations and responsibilities under this Agreement;
d) make the payment of the Logistics Charges to the Service Provider, in consideration of the due performance of the duties, obligations and responsibilities of the Service Provider under this Agreement, in accordance with the requirements of Article 15 of this Agreement;
e) reimburse the Railway Freight Charges after deducting the rebate provided by the Railways under the LWIS Scheme, to the Service Provider, within 7 (seven) days of the Service Provider submitting the Railway Receipt to the Authority and reimburse the Detention Charges levied, if any for the first 5 (five) hours including free time during each loading/ unloading operation, within 7 (seven) days of the Service Provider submitting the receipt from the Railway to the Authority. For illustration purposes, if first 3 (three) hours for loading operation are provided as free by Railways then the Authority shall reimburse the Detention charges as charged by the Railways for additional 2 (two) hours only;
f) assist the Concessionaire in procuring police assistance provide space for removal stabling of trespassers and security on or Xxxxx at the Bus Terminalsiding of Silos at no additional cost to the Service Provider in accordance with Article 15.8;
(g) the Service Provider may be permitted to use the Specialized Wagons for additional commercial activity for third parties, in accordance with the terms and conditions of Article 16 of this Agreement; h) not do or omit to do any act, deed or thing which may in any manner be violative in violation of any of the provisions of this Agreement;
(h; i) support, cooperate with and facilitate the Concessionaire Service Provider in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Service Agreement
Obligations of the Authority. 6.1.1
6.1.1. The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 6.1.2. The Authority 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) upon written request from the Concessionaire, 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 implementation and operation of the ProjectProject Highway subject to and in accordance with terms hereof;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site Project Highway by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security, security or law and order or collection of inter-state taxes;
(d) make best endeavours to procure that no local Tax, toll or charge is levied or imposed on the use of whole or any part of the Bus TerminalProject Highway;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users traffic on the Bus Terminal:Project Highway;
(f) assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Bus TerminalProject Highway;
(g) 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;
(h) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(i) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for in such manner as may be necessary to facilitate the purposes compliance of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Concession Agreement
Obligations of the Authority. 6.1.1 The Authority shall, at its own cost and expense undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Authority 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) 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 implementation and operation of the Project;
(b) 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 at rates and on terms no less favourable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
(c) procure that no barriers are erected or placed on or about the Site 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;
(d) make best endeavours to procure that no local Tax, toll Tax or charge is levied or imposed on the use of whole or any part of the Bus TerminalProject;
(e) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate Users on the Bus Terminal:
(f) assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Bus TerminalProject;
(gf) 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;
(hg) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
(ih) upon written request from the Concessionaire and subject to the provisions of Clause 5.4, provide reasonable assistance to the Concessionaire and any expatriate personnel of the Concessionaire or its Contractors to obtain applicable visas and work permits for the purposes of discharge by the Concessionaire or its Contractors their obligations under this Agreement and the Project Agreements.
Appears in 1 contract
Samples: Model Concession Agreement