Peaceful Occupation Clause Samples

Peaceful Occupation. The Concessioning Authority warrants that the Concessionaire shall, subject to complying with the terms and conditions of this Agreement, remain in occupation of the Project Site and Port’s Assets during the Concession Period. In the event the Concessionaire is obstructed by any Person claiming any right, title or interest in or over the Project Site and Port’s Assets or any part thereof or in the event of any enforcement action including any attachment, distraint, appointment of receiver or liquidator being initiated by any Person claiming to have charge on the Project Site and Port’s Assets or any part thereof, the Concessioning Authority shall, if called upon by the Concessionaire, defend such claims and proceedings.

Peaceful Occupation. The Concessioning Authority warrants that the Concessionaire shall, subject to complying with the terms and conditions of this Agreement, remain in occupation of the Project Site and Port’s Assets during the Concession Period.

Peaceful Occupation. The Concessioning Authority warrants that the Concessionaire shall, subject to complying with the terms and conditions of this Agreement, remain in occupation of the Project Site during the Concession Period. In the event the Concessionaire is obstructed by any Person claiming any right, title or interest in or over the Project Site or any part thereof or in the event of any enforcement action including any attachment, distraint, appointment of receiver or liquidator being initiated by any Person claiming to have charge on the Project Site, the Concessioning Authority shall, if called upon by the Concessionaire, defend such claims and proceedings. 3.1. Conditions Precedent‌‌

Peaceful Occupation. The Authority warrants that the Concessionaire shall, subject to complying with the terms and conditions of this Agreement, remain in occupation of the Project facilities during the Concession Period. In the event the Concessionaire is obstructed by any Person claiming any right, title or interest in or over the Plug and play infrastructure facilities or any part thereof or in the event of any enforcement action including any attachment, distraint, appointment of receiver or liquidator being initiated by any Person claiming to have charge on the Plug and play infrastructure facilities or any part thereof, the Authority shall, if called upon by the Concessionaire, defend such claims and proceedings.

Peaceful Occupation. The Authority and the Confirming Party warrants that the Operator shall, subject to complying with the terms and conditions of this Agreement, remain in occupation of the Project Site and Port’s Assets during the Operation Period. In the event the Operator is obstructed by any Person claiming any right, title or interest in or over the Project Site and Port’s Assets or any part thereof or in the event of any enforcement action including any attachment, distraint, appointment of receiver or liquidator being initiated by any Person claiming to have charge on the Project Site and Port’s Assets or any part thereof pursuant to Section 78 of the MPT Act, the Authority and/or the Confirming Party shall, if called upon by the Operator, defend such claims and proceedings.

Peaceful Occupation. The Concessioning Authority warrants that the Concessionaire shall, subject to complying with the terms and conditions of this Agreement, remain in occupation of the Project Site and Terminal’s Assets during the Concession Period. In the event the Concessionaire is obstructed by any Person claiming any right, title or interest in or over the Project Site and Terminal’s Assets or any part thereof or in the event of any enforcement action including any attachment, distraint, appointment of receiver or liquidator being initiated by any Person claiming to have charge on the Project Site and Terminal’s Assets or any part thereof pursuant to the IWAI Act, the Concessioning Authority shall, if called upon by the Concessionaire, defend such claims and proceedings.

Peaceful Occupation a) Handing over physical possession of the Project Site and Terminal Assets as set out in Annexures hereto, free from all encumbrances, after receipt of performance guarantee from the Operator is a Condition Precedent for Contracting Authority. The Contracting Authority warrants that the Operator shall, subject to complying with the terms and conditions of this Agreement, remain in occupation of the Project Site and Terminal Assets during the Contract Period. In the event the Operator is obstructed by any Person claiming any right, title or interest in or over the Project Site and Terminal Assets or any part thereof or in the event of any enforcement action including any attachment, distress, appointment of receiver or liquidator being initiated by any Person claiming to have charge on the Project Site and Terminal Assets or any part thereof, the Contracting Authority shall, if called upon by the Operator, defend such claims and proceedings. The Contracting Authority represents that the Operator shall be kept indemnified and harmless against any adverse court order or direction in this respect.

Peaceful Occupation. 2.8.1. The SJDA warrants that the Developer shall, subject to complying with the terms and conditions of this Agreement, remain in occupation of the Project Site and Existing Project Assets during the Concession Period. In the event the Developer is obstructed by any Person claiming any right, title or interest in or over the Project Site and Existing Project Assets or any part thereof or in the event of any enforcement action including any attachment, appointment of receiver or liquidator being initiated by any Person claiming to have charge on the Project Site and Existing Project Assets or any part thereof pursuant to any other act, deed or agreement, the SJDA shall, if called upon by the Developer, defend such claims and proceedings.