Common use of Possession of the Site Clause in Contracts

Possession of the Site. ‌ 10.3.1 In order to handover the possession of the Site pursuant to Clause 4.1.2, the authorised representatives of the Lead ULB and the Concessionaire shall, on mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, building, structures, road network, trees, pipelines and any other immovable property on or attached to the Site. Such memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant and unencumbered possession of the Site has not been granted to the Concessionaire. Signing of the memorandum, as above, by the authorised representatives of the Parties shall, subject to the provision of Clause 10.1, be deemed to constitute a valid handover of possession of the Site to the Concessionaire for free and unrestricted use and development of the vacant and unencumbered Site during the Concession Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For avoidance of doubt, it is agreed that vacant and unencumbered possession of the Site in respect of those parts of the Site which have been set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant handover of possession being provided.‌ 10.3.2 Without prejudice to the provision of Clause 10.3.1, the Parties hereto agree that on or prior to 60 (sixty) days from signing of the Concession Agreement, the Lead ULB has handed over vacant possession of land to the Concessionaire such that Appendix shall not include more than 20% (twenty percent) of the total area of the Site required to be handed over in accordance with Schedule 9. 10.3.3 On and after signing the memorandum referred to in Clause 10.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure that no encroachment thereon takes place, and in the event of any encroachment or occupation on any part thereof, the Concessionaire shall report such encroachment or occupation forthwith to the Lead ULB and undertake its removal at its cost and expense. 10.3.4 The Lead ULB shall make best efforts to handover, no later than 60 (sixty) days from the date of signing the Concession Agreement, the possession of the land included in the Appendix, and in the event of delay for reason other than Force Majeure or breach of this Agreement by the Concessionaire, the Financial Close date and the Scheduled COD date shall be extended by the duration of the delay in days. 10.3.5 Upon receiving the possession of the land included in the Appendix, the Concessionaire shall complete the Construction Work thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Provisional Completion Certificate shall not be affected or delayed on account of vacant possession of any part of Site was not handed over to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of delay or denial of such possession thereto. For avoidance of doubt, it is expressly agreed that Construction Work on all the land which has been handed over within 60 days from the date of signing the Concession Agreement shall be completed before the Scheduled Completion Date. 10.3.6 Subject to this Sub-clauses of this Clause 10.3, the Lead ULB hereby warrants that: (a) The Site has been acquired through the due process of law and belongs to and is vested in the Lead ULB and that the Lead ULB has full powers to hold, dispose of and deal with the same; consistent and interlaid 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 person affected thereby. (b) The Concessionaire shall, subject to complying with the terms and conditions of this Agreement, remain in peaceful possession and enjoyment of the whole Site during the Concession Period.

Possession of the Site. ‌ 10.3.1 10.4.1. In order to handover the possession of the Site pursuant to Clause 4.1.24.2.1, the authorised representatives (as given in recitals) of the Lead ULB (and the Concessionaire shall, on mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, building, structures, road network, trees, pipelines and any other immovable property on or attached to the Site. Such memorandum shall have appended thereto an appendix (the “Appendix”―Appendix‖) specifying in reasonable detail those parts of the Site to which vacant and unencumbered possession of the Site has not been granted to the Concessionaire. Signing of the memorandum, as above, by the authorised representatives of the Parties shall, subject to the provision of Clause 10.1, be deemed to constitute a valid handover of possession of the Site to the Concessionaire for free and unrestricted use and development of the vacant and unencumbered Site during the Concession Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For avoidance of doubt, it is agreed that vacant and unencumbered possession of the Site in respect of those parts of the Site which have been set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant handover of possession being provided.‌provided 10.3.2 10.4.2. Without prejudice to the provision of Clause 10.3.110.4.1, the Parties hereto agree that on or prior to 60 (sixty) days from signing of the Concession AgreementAppointed date, the Lead ULB has handed over vacant possession of land to the Concessionaire such that Appendix shall not include more than 20% (twenty percent) of the total area of the Site required to be handed over in accordance with Schedule 9. 10.3.3 10.4.3. On and after signing the memorandum referred to in Clause 10.3.110.4.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure that no encroachment thereon takes place, and in the event of any encroachment or occupation on any part thereof, the Concessionaire shall report such encroachment or occupation forthwith to the Lead Concessionaireshallreportsuchencroachmentoroccupa tionforthwithtothe ULB and undertake its removal at its cost and expense. 10.3.4 10.4.4. The Lead ULB shall make to provide support on best efforts effort basis to handover, no later than 60 90 (sixtyninety) days from the date of signing the Concession Agreement, the possession of the land included in the Appendix, and in the event of delay for delayfor reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Financial Close date and Concessionaire, Damages in the Scheduled COD date shall be extended by sum calculated at the duration rate of 0.1 per cent of the delay Construction Performance Security in daysrespect of the land set forth in the Appendix, from the 91st (ninety first) day from the date of signing the Concession Agreement and until such day when land is handed over to the Concessionaire. 10.3.5 10.4.5. Upon receiving the possession of the land included in the Appendix, the Concessionaire shall complete the Construction Work thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Provisional Completion Certificate shall not be affected or delayed on account of vacant possession of any part of Site was not handed over to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of delay or denial of such possession thereto. For avoidance of doubt, it is expressly agreed that Construction Work on all the land which has been handed over within 60 days 60days from the date of signing the Concession Agreement shall be completed before the Scheduled Completion Date. 10.3.6 10.4.6. Subject to this the Sub-clauses of this Clause 10.310.4, the Lead ULB hereby warrants that: (a) The Site has been acquired through the due process of law and belongs to and is vested in the Lead ULB and that the Lead ULB has full powers to hold, dispose of and deal with the same; consistent and interlaid 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 person affected thereby. (b) The Concessionaire shall, subject to complying with the terms and conditions of this Agreement, remain in peaceful possession and enjoyment of the whole Site during the Concession Period.

Possession of the Site. ‌ 10.3.1 In order to handover the possession of the Site pursuant to Clause 4.1.2, the authorised representatives of the Lead ULB and the Concessionaire shall, on mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, building, structures, road network, trees, pipelines and any other immovable property on or attached to the Site. Such memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant and unencumbered possession of the Site has not been granted to the Concessionaire. Signing of the memorandum, as above, by the authorised representatives of the Parties shall, subject to the provision of Clause 10.1, be deemed to constitute a valid handover of possession of the Site to the Concessionaire for free and unrestricted use and development of the vacant and unencumbered Site during the Concession Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For avoidance of doubt, it is agreed that vacant and unencumbered possession of the Site in respect of those parts of the Site which have been set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant handover of possession being provided.‌provided. 10.3.2 Without prejudice to the provision of Clause 10.3.1, the Parties hereto agree that on or prior to 60 (sixty) days from signing of the Concession Agreement, the Lead ULB has handed over vacant possession of land to the Concessionaire such that Appendix shall not include more than 20% (twenty percent) of the total area of the Site required to be handed over in accordance with Schedule 9. 10.3.3 On and after signing the memorandum referred to in Clause 10.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure that no encroachment thereon takes place, and in the event of any encroachment or occupation on any part thereof, the Concessionaire shall report such encroachment or occupation forthwith to the Lead ULB and undertake its removal at its cost and expense. 10.3.4 The Lead ULB shall make best efforts to handover, no later than 60 (sixty) days from the date of signing the Concession Agreement, the possession of the land included in the Appendix, and in the event of delay for reason other than Force Majeure or breach of this Agreement by the Concessionaire, the Financial Close date and the Scheduled COD date shall be extended by the duration of the delay in days. 10.3.5 Upon receiving the possession of the land included in the Appendix, the Concessionaire shall complete the Construction Work thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Provisional Completion Certificate shall not be affected or delayed on account of vacant possession of any part of Site was not handed over to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of delay or denial of such possession thereto. For avoidance of doubt, it is expressly agreed that Construction Work on all the land which has been handed over within 60 days from the date of signing the Concession Agreement shall be completed before the Scheduled Completion Date. 10.3.6 Subject to this Sub-clauses of this Clause 10.3, the Lead ULB hereby warrants that: (a) The Site has been acquired through the due process of law and belongs to and is vested in the Lead ULB and that the Lead ULB has full powers to hold, dispose of and deal with the same; consistent and interlaid 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 person affected thereby. (b) The Concessionaire shall, subject to complying with the terms and conditions of this Agreement, remain in peaceful possession and enjoyment of the whole Site during the Concession Period.

Possession of the Site. ‌ 10.3.1 10.4.1. In order to handover the possession of the Site pursuant to Clause 4.1.24.2.1, the authorised representatives (as given in recitals) of the Lead ULB (and the Concessionaire shall, on mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, building, structures, road network, trees, pipelines and any other immovable property on or attached to the Site. Such memorandum shall have appended thereto an appendix (the “Appendix”―Appendix‖) specifying in reasonable detail those parts of the Site to which vacant and unencumbered possession of the Site has not been granted to the Concessionaire. Signing of the memorandum, as above, by the authorised representatives of the Parties shall, subject to the provision of Clause 10.1, be deemed to constitute a valid handover of possession of the Site to the Concessionaire for free and unrestricted use and development of the vacant and unencumbered Site during the Concession Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For avoidance of doubt, it is agreed that vacant and unencumbered possession of the Site in respect of those parts of the Site which have been set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant handover of possession being provided.‌provided 10.3.2 10.4.2. Without prejudice to the provision of Clause 10.3.110.4.1, the Parties hereto agree that on or prior to 60 (sixty) days from signing of the Concession AgreementAppointed date, the Lead ULB has handed over vacant possession of land to the Concessionaire such that Appendix shall not include more than 20% (twenty percent) of the total area of the Site required to be handed over in accordance with Schedule 9. 10.3.3 On and after signing the memorandum referred to in Clause 10.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure that no encroachment thereon takes place, and in the event of any encroachment or occupation on any part thereof, the Concessionaire shall report such encroachment or occupation forthwith to the Lead ULB and undertake its removal at its cost and expense. 10.3.4 The Lead ULB shall make best efforts to handover, no later than 60 (sixty) days from the date of signing the Concession Agreement, the possession of the land included in the Appendix, and in the event of delay for reason other than Force Majeure or breach of this Agreement by the Concessionaire, the Financial Close date and the Scheduled COD date shall be extended by the duration of the delay in days. 10.3.5 Upon receiving the possession of the land included in the Appendix, the Concessionaire shall complete the Construction Work thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Provisional Completion Certificate shall not be affected or delayed on account of vacant possession of any part of Site was not handed over to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of delay or denial of such possession thereto. For avoidance of doubt, it is expressly agreed that Construction Work on all the land which has been handed over within 60 days from the date of signing the Concession Agreement shall be completed before the Scheduled Completion Date. 10.3.6 Subject to this Sub-clauses of this Clause 10.3, the Lead ULB hereby warrants that: (a) The Site has been acquired through the due process of law and belongs to and is vested in the Lead ULB and that the Lead ULB has full powers to hold, dispose of and deal with the same; consistent and interlaid 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 person affected thereby. (b) The Concessionaire shall, subject to complying with the terms and conditions of this Agreement, remain in peaceful possession and enjoyment of the whole Site during the Concession Period.of

Possession of the Site. ‌ 10.3.1 In order to handover the possession of the Site pursuant to Clause 4.1.2, the authorised representatives of the Lead ULB Authority and the Concessionaire shall, on mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, building, structures, road network, trees, pipelines and any other immovable property on or attached to the Site. Such memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant and unencumbered possession of the Site has not been granted to the Concessionaire. Signing of the memorandum, as above, by the authorised representatives of the Parties shall, subject to the provision of Clause 10.1, be deemed to constitute a valid handover of possession of the Site to the Concessionaire for free and unrestricted use and development of the vacant and unencumbered Site during the Concession Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For avoidance of doubt, it is agreed that vacant and unencumbered possession of the Site in respect of those parts of the Site which have been set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant handover of possession being provided.‌provided 10.3.2 Without prejudice to the provision of Clause 10.3.1, the Parties hereto agree that on or prior to 60 (sixty) days from signing of the Concession Agreement, the Lead ULB has handed over vacant possession of land to the Concessionaire such that Appendix shall not include more than 20% (twenty percent) of the total area of the Site required to be handed over in accordance with Schedule 9. 10.3.3 On and after signing the memorandum referred to in Clause 10.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure that no encroachment thereon takes place, and in the event of any encroachment or occupation on any part thereof, the Concessionaire shall report such encroachment or occupation forthwith to the Lead ULB Authority and undertake its removal at its cost and expense. 10.3.4 10.3.3 The Lead ULB Authority shall make best efforts to handover, no later than 60 90 (sixtyninety) days from the date signing of signing the Concession this Agreement, the possession of the land included in the Appendix, and in the event of delay for reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Financial Close date and the Scheduled COD date shall be extended by the duration Concessionaire, Damages calculated in accordance with Clause 4.2, in respect of the delay land set forth in daysthe Appendix, from the 91st (ninety first) day of the Appointed Day and until such land over is handed over to the Concessionaire. 10.3.5 10.3.4 Upon receiving the possession of the land included in the Appendix, the Concessionaire shall complete the Construction Work thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Provisional Completion Certificate shall not be affected or delayed on account of vacant possession of any part of Site was not handed over to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of delay or denial of such possession thereto. For avoidance of doubt, it is expressly agreed that Construction Work on all the land which has been handed over within 60 90 days from of the date of signing the Concession Agreement Appointed Date shall be completed before the Scheduled Completion Date. 10.3.6 10.3.5 Subject to this Sub-clauses of this Clause 10.3, the Lead ULB Authority hereby warrants that: (a) The Site has been acquired through the due process of law and belongs to and is vested in the Lead ULB Authority and that the Lead ULB Authority has full powers to hold, dispose of and deal with the same; consistent and interlaid 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 person affected thereby. (b) The Concessionaire shall, subject to complying with the terms and conditions of this Agreement, remain in peaceful possession and enjoyment of the whole Site during the Concession Period.

Possession of the Site. ‌ 10.3.1 In order to handover the possession of the Site pursuant to Clause 4.1.2, the authorised representatives of the Lead ULB and the Concessionaire shall, on mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, building, structures, road network, trees, pipelines and any other immovable property on or attached to the Site. Such memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant and unencumbered possession of the Site has not been granted to the Concessionaire. Signing of the memorandum, as above, by the authorised representatives of the Parties shall, subject to the provision of Clause 10.1, be deemed to constitute a valid handover of possession of the Site to the Concessionaire for free and unrestricted use and development of the vacant and unencumbered Site during the Concession Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For avoidance of doubt, it is agreed that vacant and unencumbered possession of the Site in respect of those parts of the Site which have been set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant handover of possession being provided.‌provided 10.3.2 Without prejudice to the provision of Clause 10.3.1, the Parties hereto agree that on or prior to 60 (sixty) days from signing of the Concession AgreementAppointed date, the Lead ULB has handed over vacant possession of land to the Concessionaire such that Appendix shall not include more than 20% (twenty percent) of the total area of the Site required to be handed over in accordance with Schedule 9. 10.3.3 On and after signing the memorandum referred to in Clause 10.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure that no encroachment thereon takes place, and in the event of any encroachment or occupation on any part thereof, the Concessionaire shall report such encroachment or occupation forthwith to the Lead ULB and undertake its removal at its cost and expense. 10.3.4 The Lead ULB shall make best efforts to handover, no later than 60 (sixty) days from the date of signing the Concession Agreement, the possession of the land included in the Appendix, and in the event of delay for reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Financial Close date and Concessionaire, Damages in the Scheduled COD date shall be extended by sum calculated at the duration rate Rs. 50 per day in respect of the delay land set forth in daysthe Appendix, from the 61st (sixty first) day from the date of signing the Concession Agreement and until such land over is handed over to the Concessionaire. 10.3.5 Upon receiving the possession of the land included in the Appendix, the Concessionaire shall complete the Construction Work thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Provisional Completion Certificate shall not be affected or delayed on account of vacant possession of any part of Site was not handed over to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of delay or denial of such possession thereto. For avoidance of doubt, it is expressly agreed that Construction Work on all the land which has been handed over within 60 days from the date of signing the Concession Agreement shall be completed before the Scheduled Completion Date. 10.3.6 Subject to this Sub-clauses of this Clause 10.3, the Lead ULB hereby warrants that: (a) The Site has been acquired through the due process of law and belongs to and is vested in the Lead ULB and that the Lead ULB has full powers to hold, dispose of and deal with the same; consistent and interlaid 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 person affected thereby. (b) The Concessionaire shall, subject to complying with the terms and conditions of this Agreement, remain in peaceful possession and enjoyment of the whole Site during the Concession Period.