Obligations of the Concessioning Authority. In addition to any of its other obligations in this Agreement, the Concessioning Authority shall arrange for and provide the following:
Obligations of the Concessioning Authority. In addition to any of its other obligations under this Agreement, during the Construction Phase, the Concessioning Authority shall:
(a) in matters falling within its authority, grant, the Applicable Permits, approvals and consents as may be required by the Concessionaire and on a best efforts basis assist the Concessionaire in obtaining all other Applicable Permits as may be required by the Concessionaire;
(b) make available all records of sub-soil investigations carried out on its behalf in the Port’s Assets, if requested by the Concessionaire. It is clarified that the Concessionaire shall be solely responsible for determining the adequacy or otherwise of such investigations and will not in reliance of such records, be entitled to claim any relief under this Agreement;
(c) upon satisfaction as to completion and receipt of Completion Certificate issued by the Independent Engineer promptly obtain approval of the Collector of Customs, publish requisite notifications in the Official Gazette and declare the Project Facilities and Services as ready for operation in accordance with the provisions of Section 37 of the MPT Act;
(d) upon written request from the Concessionaire, assist the Concessionaire, on a best effort basis, in obtaining immigration clearances, employment permits and residential premises for any foreign personnel engaged or employed by the Concessionaire in connection with the implementation of the Project; and
(e) subject to the Concessionaire / Contractor complying with the requirements under the Applicable Laws including but not limited to payment of customs and any other duty, assist the Concessionaire or Contractor, on a best effort basis, to import into India all items of equipment and materials required for the Project.
Obligations of the Concessioning Authority. The Concessioning 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:
i. upon 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 Authority for implementation and operation of the Project;
ii. Upon request from the Concessionaire, assist the Concessionaire in obtaining access to all necessary infrastructure facilities and utilities, including water and electricity at rates and on terms no less favorable to the Concessionaire than those generally available to commercial customers receiving substantially equivalent services;
iii. the Concessioning Authority subject to local regulations accepts the Concessionaire’s right to advertise and set up and display hoardings, billboards and other information panels at the Project Site or to grant licenses for such rights against payment; provided that such rights shall be exercised in accordance with the Applicable Laws and terms of Applicable Permits.
iv. 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; v. support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement; and
Obligations of the Concessioning Authority. 6.1.1 The Concessioning Authority shall, at its own cost and expense undertake, complies with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Concessioning 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) procured all Applicable Permits/ Clearances relating to environment protection and conservation of Site(s);
(b) obtain all necessary clearances and/ or approval for construction of Project from competent authorities;
(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;
(d) upon written request from the Concessionaire, provide 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;
(e) procure that no barriers are erected or placed on or about the Project Site(s) by any Government Instrumentality or persons claiming through or under it, except for reasons of Emergency, national security or law and order;
(f) pay any/ all applicable taxes/ charges, if imposed on the land earmarked and provided to the Concessionaire;
(g) establish a scoring pattern/ regulations/ passing criteria with regard to the driving tests and thereby, finalised and notified by the Transport Commissioner, Odisha;
(h) may set up driving training centres or any other facility at any of the ADTT Centres and the capital cost for the same shall be borne by the Concessioning Authority. Here, the area within the ADTT centres shall be earmarked and shall not be under the control of the Concessionaire.
(i) subject to and in accordance with the Applicable Laws, grant to the Concessionaire the authority to regulate traffic on the Project Site(s);
(j) assist the Concessionaire in procuring police assistance for regulation of traffic, removal of trespassers and security on or at the Project Site(s);
(k) 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;
(l) support, co...
Obligations of the Concessioning Authority. In addition to any of its other obligations under this Agreement, the Concessioning Authority shall: in matters falling within its authority, grant, Applicable Permits, approvals and consents as may be required by the Concessionaire and, on a best efforts basis, assist the Concessionaire in obtaining all other Applicable Permits as may be required by the Concessionaire; make available all records of sub-soil investigations carried out on its behalf in the Terminal’s Assets, if requested by the Concessionaire. It is clarified that the Concessionaire shall be solely responsible for determining the adequacy or otherwise of such investigations and will not in reliance of such records, be entitled to claim any relief under this Agreement.
Obligations of the Concessioning Authority. In addition to any of its other obligations in this Agreement, the Concessioning Authority shall arrange for, or provide the following: The Concessioning Authority shall promptly grant approvals sought by the Concessionaire as required under this Agreement subject to the Concessionaire having complied with all Applicable Laws and requirements. In the event that land, utilities and facilities are found to be insufficient by the Concessionaire for providing services as per the scope of work, at any time during the Concession Period, the Concessionaire may approach the Concessioning Authority for providing additional land, utilities and facilities. The Concessioning Authority on being approached by Concessionaire shall consider the same, subject to reasonableness and availability. The Concessioning Authority may provide additional land, utilities and facilities if considered necessary. If the Authority is not in a position to provide the same, the Concessionaire shall not be entitled to any relaxation on the grounds that its request for additional land, utilities and services was not accepted by the Concessioning Authority.
Obligations of the Concessioning Authority. 6.1.1 The Concessioning Authority shall, at its own cost and expenses undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Concessioning 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:
(i) provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits;
(ii) 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
(iii) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement.
Obligations of the Concessioning Authority. 6.1.1 The Concessioning Authority shall, at its own cost and expenses undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder.
6.1.2 The Concessioning 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:
(i) provide reasonable support and assistance to the Concessionaire in procuring Applicable Permits;
(ii) 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
(iii) support, cooperate with and facilitate the Concessionaire in the implementation and operation of the Project in accordance with the provisions of this Agreement.
(iv) grant and authorize the Concessionaire to have access to seabed for carrying out of activities as provided for under the Seabed Lease Deed Agreement dated .
(v) provide Viability Gap Funding for the Project as specified in Clause 5.10 of the Power Purchase Agreement signed between the Parties dated .
Obligations of the Concessioning Authority. In addition to any of its other obligations under this Agreement, during the Construction Phase, the Concessioning Authority shall:
a. in matters falling within its authority, grant, the Applicable Permits, approvals and consents as may be required by the Concessionaire and may assist the Concessionaire in obtaining all other Applicable Permits as may be required by the Concessionaire;
b. upon satisfaction as to completion and receipt of Completion Certificate issued by the Independent Engineer promptly obtain approval of the Collector of Customs, publish requisite notifications in the Official Gazette and declare the Project Facilities and Services as ready for operation in accordance with the provisions of Indian Ports Act.
c. upon written request from the Concessionaire, assist the Concessionaire, in obtaining immigration clearances, employment permits and residential premises for any foreign personnel engaged or employed by the Concessionaire in connection with the implementation of the Project; and
d. subject to the Concessionaire / Contractor complying with the requirements under the Applicable Laws including but not limited to payment of customs and any other duty, assist the Concessionaire or Contractor, to import into India all items of equipment and materials required for the Project.
e. Road and Rail Connectivity • The concessionaire will be fully responsible for developing Road and Rail Connectivity and may seek assistance from Concessioning Authority. The Concessioning Authority may consider the request on merit basis, at its sole discretion.
Obligations of the Concessioning Authority. In addition to any of its other obligations under this Agreement, during the Concession Period, the Concessioning Authority shall:
(a) in matters falling within its authority, grant, the Applicable Permits, approvals, NOCs and consents as may be required by the Concessionaire and on a best efforts basis assist the Concessionaire in obtaining all other Applicable Permits as may be required by the Concessionaire;
(b) complete Authority’s Scope of Work of Construction Works of bare shall structure of MICT building in accordance with Appendix 4 clause 4.2.
(c) upon satisfaction as to completion and receipt of Completion Certificate issued by the Independent Engineer promptly obtain requisite approval of the Collector of Customs, publish requisite notifications in the Official Gazette and declare the Project Facilities and Services as ready for operation;
(d) upon written request from the Concessionaire, assist the Concessionaire, on a best effort basis, in obtaining immigration clearances, employment permits and residential premises for any foreign personnel engaged or employed by the Concessionaire in connection with the implementation of the Project; and
(e) subject to the Concessionaire / Contractor complying with the requirements under the Applicable Laws including but not limited to payment of customs and any other duty, assist the Concessionaire or Contractor, on a best effort basis, to import into India all items of equipment and materials required for the Project, provide the same does not violate any laws, rules or regulations relating to National Security.
