Common use of Peaceful Possession Clause in Contracts

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

Peaceful Possession. 10.9.1 ULB JTDCL hereby represents and warrants that: (a) The Project Site belongs to 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 is vested in ULBJharkhand Tourism Development Corporation Limited, Jharkhand Government of Jharkhand and that ULB the JTDCL has full powers to hold, dispose of and deal with the same consistent, inter-inter alia, with the provisions of this Agreement Agreement, and that the Concessionaire Developer shall, in respect of the Project Site, have no liability regarding any compensation payment on account of rehabilitation/ resettlement or 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 ULBthereby. 10.9.2 Upon (b) The Developer shall, subject to complying with the Concessionaire observing terms and performing its obligationsconditions of this Agreement, 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 Project Facilities during the Concession Agreement Period. In the event the Concessionaire Developer is obstructed by any Person claiming any right, title or interest in or over the Project Site and / or the Existing Assets Project Facilities or any part thereof 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/ in/charge on or the Project Site and / or the Existing Assets Project Facilities or any part thereof, the ULB and / or the Construction Supervisor, as the case may be JTDCL shall, if called upon by the ConcessionaireDeveloper, defend such claims and proceedings at its cost and expense and also keep the Concessionaire shall not be liable for Developer indemnified against any consequential loss or damages which the same in Developer may suffer, on account of any manner whatsoeversuch right, title, interest or charge. 10.9.3 The ULB (c) Notwithstanding any provisions of this Agreement and without prejudice to any of the other rights vested under the provisions hereof, JTDCL, Third Party Inspector, the Maintenance Review Committee, any Competent JTDCL and any Person authorised by either of them shall bear during the Agreement Period at all the costs of making available reasonable times and upon reasonable notice have access to the Project Site and the Existing Assets Project Facilities to inspect and examine the Concessionaire materials, plant, equipment and be liable workmanship and all the documents, reports, data, books, accounts, information for compliance thereof with the provisions hereof and to remove/relocate at its cost all Persons that may have to be displaced from check the Project Site, including progress of the payment of compensation, if any, to such Persons works or for performing statutory duties and the Concessionaire Developer shall not be liable provide the necessary cooperation and assistance to them in this behalf.