Peaceful Possession. The Authority hereby warrants that:
a) The Project Site has been acquired through the due process of law and belongs to and is vested with the Authority and that the Authority has full powers to hold, dispose of and deal with the same consistent, inter alia, with the provisions of this Agreement.
b) In the event the Developer 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, distrait, appointment of receiver or liquidator being initiated by any Person claiming to have any interest in/charge or the Project Site or any part thereof, the Authority shall, if called upon by the Developer, defend such claims and proceedings and also keep the Developer indemnified against any consequential loss or damages which the Developer may suffer, on account of any such right, title, interest or charge.
Peaceful Possession. The Landlord covenants that the Tenant, on paying the said rental and performing the covenants and conditions in this Lease contained, shall and may peaceably and quietly have, hold, and enjoy the demised premises for the term aforesaid.
Peaceful Possession. The Concessioning Authority hereby warrants that the Project Site together with the necessary Right of Way
a. has been acquired through the due process of law; and
b. belongs to and is vested in Concessioning Authority and that Concessioning Authority has full powers to hold, dispose of and deal with the same consistent, inter alia, with the provisions of the Agreement and that the Concessionaire shall, in respect of the Project Site, have no liability regarding any compensation payment on account of rehabilitation / resettlement or land acquisition of any Persons affected thereby.
Peaceful Possession. Landlord covenants and agrees, at its sole expense, that the exterior, structure, the roof and the heating, ventilating, air conditioning, electrical, plumbing and all utility systems on or in the premises shall be maintained in good repair and tenantable condition, excepting damage resulting from neglect or intentional acts of Tenant, its agents, employees, contractors and invitees. So long as Tenant pays the rent and performs the covenants and agreements herein contained, Tenant shall peacefully and quietly hold the premises for the primary term and any extensions thereof.
Peaceful Possession. The Authority and PLBs hereby warrant that:
(a) The Sites together with the necessary right of way/way-leaves have been acquired through the due process of law; belong to, or has been leased to the Authority / PLBs and is vested in the Authority / PLBs and that the Authority / PLBs have full powers to hold, dispose of and deal with the same consistent with the provisions of this Agreement. For the avoidance of doubt the Concessionaire shall, in respect of the Sites, have no liability regarding any compensation payment on account of land acquisition or rehabilitation/ resettlement of any Persons affected thereby.
(b) The Concessionaire shall, subject to complying with the terms and conditions of this Agreement, remain in peaceful possession of land provided by the Authority / PLBs. In the event the Concessionaire is obstructed by any Person claiming any right, title or interest in or over the Sites 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 any interest in/charge on the Sites or any part thereof, the Authority / PLBs shall, if called upon by the Concessionaire, defend such claims and proceedings and also keep the Concessionaire indemnified against any consequential loss or damages which the Concessionaire may suffer, on account of any such right, title, interest or charge.
Peaceful Possession. Subject to the terms, conditions and covenants of this Lease, Landlord agrees that Tenant shall and may peaceably have, hold and enjoy the Premises above described, without hindrance or molestation by Landlord. Landlord shall not interfere with Tenant's quiet enjoyment of the demised Premises.
Peaceful Possession. MCD hereby warrants that:
(a) The Facility Site, Workshop Site, Waste Storage Depots and Landfill Site
(i) have been acquired through the due process of law; or
(ii) belongs to or has been leased to or is vested in MCD, and that MCD has full powers to hold, dispose of and deal with the same consistent, interalia, with the provisions of this Agreement and that the Concessionaire shall, have no liability regarding any compensation payment on account of land acquisition or rehabilitation/resettlement of any Persons affected thereby.
(b) The Workshop Site is in a condition suitable for immediate use by the Concessionaire.
(c) The Concessionaire shall, subject to complying with the terms and conditions of this Agreement, remain in peaceful possession and enjoyment of the Existing Project Facilities during the Operations Period. In the event the Concessionaire is obstructed by any Person claiming any right, title or interest in or over the Existing Project 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 any interest in/charge on the Existing Project Facilities or any part thereof, MCD shall, if called upon by the Concessionaire, defend such claims and proceedings and also keep the Concessionaire indemnified against any consequential loss or damages which the Concessionaire may suffer, on account of any such right, title, interest or charge.
Peaceful Possession. The Authority hereby warrants that:
Peaceful Possession. The NRDA warrants that the Developer shall, subject to complying with the terms and conditions of this Agreement, remain in peaceful possession and enjoyment of the Project Land during the Development Period. In the event the Developer is obstructed by any Person claiming any right, interest in or over the Project Landor any part thereof or in the event of any enforcement action including any attachment, restraining order, appointment of receiver or liquidator being initiated by any Person claiming to have charge on the Project Landor any part thereof, the NRDA shall, if called upon by the Developer, co-operate with the Developer to defend such claims and proceedings. The Developer and NRDA shall jointly bear and pay the costs pertaining to any such defence by NRDA.
Peaceful Possession. 10.9.1 ULB hereby represents and warrants that:
(a) The Project Site and the Existing Assets
(i) have been acquired through the due process of law; or
(ii) belong to or have been leased to or are vested in ULB, and that ULB has full powers to hold, dispose of and deal with the same consistent, inter-alia, with the provisions of this Agreement and that the Concessionaire shall, have no liability regarding any compensation payment on account of land acquisition or rehabilitation/resettlement of any Persons affected directly and/or indirectly thereby or any claim that any third party may have on any of the Existing Assets as provided by the ULB.
10.9.2 Upon the Concessionaire observing and performing its obligations, the several covenants, conditions and agreements herein contained and on the part of the Concessionaire to be observed and performed, the Concessionaire shall remain in peaceful possession and enjoyment of the Project Site and / or the Existing 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 / or the Existing 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 any interest in/ charge on the Project Site and / or the Existing Assets or any part thereof, the ULB and / or the Construction Supervisor, as the case may be shall, if called upon by the Concessionaire, defend such claims and proceedings at its cost and expense and the Concessionaire shall not be liable for the same in any manner whatsoever.
10.9.3 The ULB shall bear all the costs of making available the Project Site and the Existing Assets to the Concessionaire and be liable to remove/relocate at its cost all Persons that may have to be displaced from the Project Site, including the payment of compensation, if any, to such Persons and the Concessionaire shall not be liable in this behalf
