Common use of Procurement of Right of Way Clause in Contracts

Procurement of Right of Way. 7.4.1 The Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Contractor, commencing from the Commencement Date, licence rights in respect of the Site (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in the Schedule 2 hereto on an “as is where is” basis, free of any encumbrances, to undertake the Project, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Site, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Term, for the purposes permitted under this Contract, and for no other purpose whatsoever. The Contractor shall be responsible for making their own arrangement for drawing water and electricity from the single interconnection point provided by the Authority. In case of non-availability, the Contractor shall have to make the arrangement for drawing water and electricity with necessary approval from authority. The electricity and water charges during the Construction Period shall only be borne by the Contractor. The application for electricity and water (if applicable) must be obtained in the name of the Authority. However, water and electricity meters shall be installed and maintained by the Contractor on its own cost. Based on the utilization amount of the respective utility, the Contractor shall be required to reimburse the relevant amount to the Authority by the way of pro-rata adjustment of the utilization amount from monthly payments, and the Contractor hereby unconditionally agrees to the same. Reimbursement shall be at the utilization rate as notified by the Authority in writing. Site illumination shall be responsibility of the Contractor. It is further clarified that all liasoning and coordination with the concerned departments (if required) to obtain the connection will be the responsibility of the Contractor. All equipment like switches, power backup machines, DG or anything else required for the operation shall be procured and maintained by the Contractor on its own cost and with prior approval from the Authority. The same shall be placed/ stored within the Project Site. 7.4.2 During the Construction Period, the Authority shall provide space for accommodating the equipment and components required for the Works. The area of the space shall be mutually decided between Authority and Contractor and decision of the Authority shall be final in this regard. In case, the Contractor requires additional space from the approved space allotted by the Authority then Contractor shall make their own arrangement at their own cost and Authority is not liable to provide any additional space. Contractor shall be solely responsible for the development, maintenance safety, housekeeping, and security of the allotted space and shall be liable for damages in case of non -compliance towards the safety, housekeeping, and security of the allotted space. 7.4.3 [Intentionally left blank].

Appears in 1 contract

Samples: Construction Contract

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Procurement of Right of Way. 7.4.1 The Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Contractor, commencing from the Commencement Date, licence rights in respect of the Site (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in the Schedule 2 hereto on an “as is where is” basis, free of any encumbrances, to undertake the Project, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Site, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Term, for the purposes permitted under this Contract, and for no other purpose whatsoever. The Contractor shall be responsible for making their own arrangement for drawing water and electricity from the single interconnection point provided by the Authority. In case of non-availability, the Contractor shall have to make the arrangement for drawing water and electricity with necessary approval from authority. The electricity and water charges during the Construction Period shall only be borne by the Contractor. The application for electricity and water (if applicable) must be obtained in the name of the Authority. However, water and electricity meters shall be installed and maintained by the Contractor on its own cost. Based The electricity and water charges during the entire term of contract shall be borne by the Contractor. In case water or electricity charges are paid by the Authority, then based on the utilization amount of the respective utility, the Contractor shall be required to reimburse the relevant amount to the Authority by the way of pro-rata adjustment of the utilization amount from monthly payments, and the Contractor hereby unconditionally agrees to the same. Reimbursement shall be at the utilization rate as notified by the Authority in writing. Site illumination shall be responsibility of the Contractor. It is further clarified that all liasoning and coordination with the concerned departments (if required) to obtain the connection will be the responsibility of the Contractor. All equipment like switches, power backup machines, DG or anything else required for the operation shall be procured and maintained by the Contractor on its own cost and with prior approval from the Authority. The same shall be placed/ stored within the Project Site. 7.4.2 During the Construction Period, the The Authority shall provide space for accommodating all the equipment and components required for the WorksWorks throughout the term. The location and the area of the space same shall be mutually decided between by the Authority and Contractor and decision of the Authority shall be final in this regardContractor. . In case, the Contractor requires required additional space from the approved space allotted by the Authority then Contractor shall make their own arrangement at their own cost and Authority is not liable to provide any additional space. Contractor shall be solely responsible for the development, maintenance safety, housekeeping, and security of the allotted space and shall be liable for damages in case of non -compliance towards the safety, housekeeping, and security of the allotted space. 7.4.3 [Intentionally left blank].

Appears in 1 contract

Samples: Construction Contract

Procurement of Right of Way. 7.4.1 The Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Contractor, commencing from the Commencement Appointed Date, licence leave and license rights in respect of the Site (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Part D of the Schedule 2 hereto on an “as is where is” basis, free of any encumbrances, to undertake the Project, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Site, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the TermTerm and, for the purposes permitted under this Contract, and for no other purpose whatsoever. The Contractor shall be responsible for making their own arrangement arrangements for drawing water and electricity from at their own cost during the single interconnection point provided by the Authority. In case of non-availability, the Contractor shall have to make the arrangement for drawing water and electricity with necessary approval from authorityConstruction Period. The electricity and water charges during the Construction Maintenance Period shall only be borne by the Authority .During the remaining term of the contract, the charges shall be borne by the Contractor. Site illumination would be in the scope of the Contractor. The application for electricity and water (if applicable) must be obtained in on the name of the Authority. However, water and electricity meters shall be installed and maintained by the Contractor on its own cost. Based on the utilization amount of the respective utility, the Contractor shall be required to reimburse the relevant amount to the Authority by the way of pro-rata adjustment of the utilization amount from monthly payments, and the Contractor hereby unconditionally agrees to the same. Reimbursement shall be at the utilization rate as notified by the Authority in writing. Site illumination shall be responsibility of the Contractor. It is further clarified that all liasoning All liasioning and coordination with the concerned departments (if required) to obtain the connection will be the responsibility of the ContractorEA. All equipment like switchesThis provision does not discharge the EA of its obligations for making its own arrangement (at its own cost) for provisions of electricity and water, power backup machines, DG or anything else required during the Construction Period. The Authority at its cost shall also be responsible to provide electricity connection and water connection at a single interconnection point at the Site for the operation shall be procured and maintained use by the Contractor on to perform its own Scope of Project. The electricity and water charges for the use by the Contractor to perform itsScope of Project shall be borne by the Contractor. The Authority shall ensure that separate electricity meter is installed at the Site to record the drawing of electricity. However, upgradation of the existing infrastructure, if any, in relation to such electricity connection at Site shall be at the cost and with prior approval from responsibility of the Authority. The same shall be placed/ stored within the Project Site. 7.4.2 During the Construction Period, the Authority shall provide space for accommodating all the equipment and components required for the Works. The area of the space shall be mutually decided between Authority and Contractor and decision of the Authority shall be final in this regard. In case, the Contractor requires additional space from the approved space allotted by the Authority then Contractor shall make their own arrangement at their own cost and Authority is not liable to provide any additional space. Contractor shall be solely responsible for the development, maintenance safety, housekeeping, and security of the allotted space and shall be liable for damages in case of non -compliance towards the safety, housekeeping, and security of the allotted space. 7.4.3 [Intentionally left blank].

Appears in 1 contract

Samples: Construction and Maintenance Contract

Procurement of Right of Way. 7.4.1 The Authority, in accordance with the terms and conditions set forth herein, hereby grants to the ContractorDeveloper, commencing from the Commencement Appointed Date, licence rights in respect of the Site (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in the Schedule 2 hereto on an “as is where is” basis, free of any encumbrances, to undertake the Project, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Site, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Term, for the purposes permitted under this Contract, and for no other purpose whatsoever. The Contractor Authority will provide single-point electricity and water connection. Developer shall be responsible for making their own arrangement for drawing water and electricity from the single interconnection point provided by the Authority. In case of non-availabilitynon- availablity, the Contractor Developer shall have to make the arrangement for drawing water and electricity with necessary approval from authority. The electricity and water charges during the Construction Period shall only be borne by the Contractor. The application for electricity and water (if applicable) must be obtained in the name of the Authority. However, water and electricity meters shall be installed and maintained by the Contractor Developer on its own cost. Based The electricity and water charges during the entire term of contract shall be borne by the Developer. In case water or electricity charges are paid by the Authority, then based on the utilization amount of the respective utility, the Contractor Developer shall be required to reimburse the relevant amount to the Authority by the way of pro-rata adjustment of the utilization amount from monthly payments, and the Contractor Developer hereby unconditionally agrees to the same. Reimbursement shall be at the utilization rate as notified by the Authority in writing. Site illumination shall be responsibility of the ContractorDeveloper. It is further clarified that all liasoning liasioning and coordination with the concerned departments (if departments(if required) to obtain the connection will be the responsibility of the ContractorDeveloper. All equipment like switches, power backup machines, DG or anything else required for the operation shall be procured and maintained by the Contractor Developer on its own cost and with prior approval from the Authority. The same shall be placed/ stored within the Project Site. 7.4.2 During the Construction Period, the The Authority shall provide space for accommodating all the equipment and components required for the WorksWorks throughout the term. The location and the area of the space same shall be mutually decided between by the Authority and Contractor and decision of the Authority shall be final in this regardDeveloper. . In case, the Contractor requires Developer required additional space from the approved space allotted by the Authority then Contractor Developer shall make their own arrangement at their own cost and Authority is not liable to provide any additional space. Contractor shall be solely responsible for the development, maintenance safety, housekeeping, and security of the allotted space and shall be liable for damages in case of non -compliance towards the safety, housekeeping, and security of the allotted space. 7.4.3 [Intentionally left blank].

Appears in 1 contract

Samples: Construction Contract

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Procurement of Right of Way. 7.4.1 The Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Contractor, commencing from the Commencement Appointed Date, leave and licence rights in respect of the Site (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in part D of the Schedule 2 hereto on an “as is where is” basis, free of any encumbrances, to undertake the Project, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Site, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the TermTerm and, for the purposes permitted under this Contract, and for no other purpose whatsoever. The Contractor shall be responsible for making their own arrangement arrangements for drawing water and electricity from electricity. The cost/expense with regard to any provision of such utility/infrastructure during the single interconnection point provided construction phase shall be borne by the Authority. In case of non-availability, the Contractor shall have to make the arrangement for drawing water and electricity with necessary approval from authorityContractor. The electricity and water charges during the Construction Period Maintenance phase shall only be borne by the Authority. During the remaining term of the contract, the charges shall be borne by the Contractor. Site illumination would be in the scope of the Contractor. The application for electricity and water (if applicable) must be obtained in on the name of the Authority. However, water and electricity meters shall be installed and maintained by the Contractor on its own cost. Based on the utilization amount of the respective utility, the Contractor shall be required to reimburse the relevant amount to the Authority by the way of pro-rata adjustment of the utilization amount from monthly payments, and the Contractor hereby unconditionally agrees to the same. Reimbursement shall be at the utilization rate as notified by the Authority in writing. Site illumination shall be responsibility of the Contractor. It is further clarified that all liasoning that- The Authority shall pay for any connection/infrastructure upgradation, as may be required under the extant law/regulations/rules, to provide electricity and water connection(s) at the RSM. All liasioning and coordination with the concerned departments (if required) to obtain the connection will be the responsibility of the ContractorCMA. All equipment like switches, power backup machines, DG or anything else required This provision does not discharge the CMA of its obligations for the operation shall be procured and maintained by the Contractor on making its own cost arrangement (at its own cost) for provisions of electricity and with prior approval from the Authority. The same shall be placed/ stored within the Project Site. 7.4.2 During water, during the Construction Period, the Period The Authority shall provide space for accommodating all the equipment and components required for the Works. The area of the space shall be mutually decided between Authority and Contractor and decision of the Authority shall be final in this regard. In case, the Contractor requires additional space from the approved space allotted by the Authority then Contractor shall make their own arrangement at their own cost and Authority is not liable to provide any additional space. Contractor shall be solely responsible for the development, maintenance safety, housekeeping, and security of the allotted space and shall be liable for damages in case of non -compliance towards the safety, housekeeping, and security of the allotted space. 7.4.3 [Intentionally left blank].

Appears in 1 contract

Samples: Construction and Maintenance Contract

Procurement of Right of Way. 7.4.1 The Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Contractor, commencing from the Commencement Date, licence rights in respect of the Site (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in the Schedule 2 hereto on an “as is where is” basis, free of any encumbrances, to undertake the Project, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Site, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Term, for the purposes permitted under this Contract, and for no other purpose whatsoever. The Contractor shall be responsible for making their own arrangement for drawing water and electricity from the single interconnection point provided by the Authority. In case of non-availability, the Contractor shall have to make the arrangement for drawing water and electricity with necessary approval from authority. The electricity and water charges during the Construction Period shall only be borne by the Contractor. However, during the Maintenance Period, electricity, and water charges shall be borne by the Authority. The application for electricity and water (if applicable) must be obtained in the name of the Authority. However, water and electricity meters shall be installed and maintained by the Contractor on its own cost. Based on the utilization amount of the respective utility, the Contractor shall be required to reimburse the relevant amount to the Authority by the way of pro-rata adjustment of the utilization amount from monthly payments, and the Contractor hereby unconditionally agrees to the same. Reimbursement shall be at the utilization rate as notified by the Authority in writing. Site illumination shall be responsibility of the Contractor. It is further clarified that all liasoning and coordination with the concerned departments (if departments(if required) to obtain the connection will be the responsibility of the Contractor. All equipment like switches, power backup machines, DG or anything else required for the operation shall be procured and maintained by the Contractor on its own cost and with prior approval from the Authority. The same shall be placed/ stored within the Project Site. 7.4.2 During the Construction Period, the Authority shall provide space for accommodating the equipment and components required for the Works. The area of the space shall be mutually decided between Authority and Contractor and decision of the Authority shall be final in this regard. In case, the Contractor requires additional space from the approved space allotted by the Authority then Contractor shall make their own arrangement at their own cost and Authority is not liable to provide any additional space. Such space may also be provided by the Authority for accommodating equipment and components during Maintenance Period, on payment of rental charges decided by Authority. Contractor shall be solely responsible for the development, maintenance safety, housekeeping, and security of the allotted space and shall be liable for damages in case of non -compliance towards the safety, housekeeping, and security of the allotted space. 7.4.3 [Intentionally left blank].

Appears in 1 contract

Samples: Construction Contract

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