Common use of Peaceful Possession Clause in Contracts

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. MCD NDMC 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, NDMC and that MCD NDMC 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, distraintdistrait, 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 NDMC 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. MCD hereby warrants that: (a) The Facility Site, Workshop Site, Waste Storage Depots and Landfill SiteSite together with the necessary right of way/way-leaves (i) have has been acquired through the due process of law; or (ii) belongs to to, or has been leased to or MCD and is vested in MCD, 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, in respect of the Site, 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 whole Site during the Active Operations Period, and • the area on which the Landfill Facility has been created during the Post Closure Period. In the event the Concessionaire is obstructed by any Person claiming any right, title or interest in or over the Existing Project Facilities 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 any interest in/charge on the Existing Project Facilities Site 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.