Common use of Procurement of the Site Clause in Contracts

Procurement of the Site. 10.2.1 Pursuant to the notice specified in Clause 4.2, Maha-Metro Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the trees on or attached to the Site. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.2, be deemed to constitute a valid lease and Right of Way 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 the avoidance of doubt, it is agreed that valid lease and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro to the Concessionaire. 10.2.2 On and after signing the memorandum referred to in Clause 10.2.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro and undertake its removal at its cost and expenses.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Authority Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 On and after signing the memorandum referred to in Clause 10.2.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro and undertake its removal at its cost and expenses.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.2Article 4.1, Maha-Metro the Authority’s Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.2Article10.2.2, be deemed to constitute a valid lease and Right of Way 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 the avoidance of doubt, it is agreed that valid lease and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 10.3.2 On and after signing the memorandum referred to in Clause 10.2.1Article10.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro the Authority and undertake its removal at its cost and expenses. 10.3.3 The Authority shall make best efforts to procure and grant, within 30 (thirty) days, and in any event no later than 90 (ninety) days from the signing of this Agreement, the right of way to the Site to the Concessionaire in respect of all land included in the Appendix.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Authority Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two 2 (two) counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease license and Right of Way 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 the avoidance of doubt, it is agreed that valid lease license and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 On 10.3.2 In case of any dispute between the Concessionaire and after signing the memorandum referred Authority in relation to in Clause 10.2.1, the survey of the Project Site and until the Transfer DateAppendix, the Concessionaire decision of the Authority shall maintain a round-the-clock xxxxx over the Site prevail and shall ensure and procure that no encroachment thereon takes place, and in be binding on the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro and undertake its removal at its cost and expensesConcessionaire.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Authority Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two 2 (two) counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 On and after signing the memorandum referred to in Clause 10.2.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro and undertake its removal at its cost and expenses.

Procurement of the Site. 10.2.1 10.3.1. Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Authority Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the trees on or vacant and unencumbered land, structures, and any other immovable property 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 access has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised authorized representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease and Right of Way license 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 the avoidance of doubt, it is agreed that valid lease license and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 10.3.2. Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, the Authority shall have granted vacant access to the Site, such that the Appendix shall not include land which shall in any manner prevent the Concessionaire from undertaking construction of the Project to the extent of at least 7 (seven) FSTPs required and necessary for construction, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access, the Authority shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. 10.3.3. On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro the Authority and undertake its removal at its cost and expenses. 10.3.4. The Authority shall make best efforts to procure and grant to the Concessionaire in respect of all land included in the Appendix, no later than 90 (ninety) days from the Appointed Date. In the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, the Authority shall pay to the Concessionaire Damages in a sum calculated at the rate of Rs.100 (rupees one hundred) per day per FSTP, commencing from the 91st (ninety first) day of the Appointed Date and until such land is procured or 180 (one hundred and eight) days from the Appointed Date, whichever is earlier. The Damages payable in terms of this Clause shall be the sole remedy available to the Concessionaire and the Authority shall not be liable for any consequential loss or damage to the Concessionaire. In the event, the Authority is unable to provide the remaining Site within 180 (one hundred and eighty) days from the Appointed Date the remaining Site of the Project shall be removed from the scope of the Project under the provisions of Change of Scope. 10.3.5. Upon receiving the land in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Authority in accordance with Good Industry Practice; provided that the issue of Provisional Certificate shall not be affected or delayed on account of vacant access to any part of the Site not being granted to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of the delay of handing over of land. For the avoidance of doubt, it is expressly agreed that Construction Works at all FSTPs for which land is provided within 30 (thirty) days of Appointed Date shall be completed before the Scheduled Completion Date.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro MOR Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro MOR to the Concessionaire. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, MOR shall have granted vacant access and Right of Way such that the Appendix shall not include more than 10% (ten per cent) of the total area of the Site required and necessary for the Rail System, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, MOR shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. For the avoidance of doubt, MOR acknowledges and agrees that the Appendix shall not include any land which may prevent the construction of a continuous rail track. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro MOR and undertake its removal at its cost and expenses. 10.3.4 MOR shall make best efforts to procure and grant, no later than 90 (ninety) days from the Appointed Date, the Right of Way to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of Rs.1,000 (Rupees one thousand) per day for every 500 (five hundred) square metres or part thereof, commencing from the 91st (ninety first) day of the Appointed Date and until such Right of Way is procured. 10.3.5 Upon receiving Right of Way in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which Right of Way is granted within 90 (ninety) days of the Appointed Date shall be completed before the Project Completion Date. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.3.2. 10.3.6 The Concessionaire shall, if so required by MOR, procure on behalf of MOR, on the terms and to the extent specified by MOR, the additional land required for [Stations, ancillary buildings, maintenance depots and electric sub-stations or for] construction of works specified in Change of Scope Order issued under Article 16, in accordance with this Agreement and upon procurement, such land shall form part of the Site and vest in MOR; provided that the Concessionaire may, by notice given to MOR no later than 60 (sixty) days from [the Appointed Date or the date of Change of Scope Order, as the case may be,] require MOR to initiate and undertake proceedings for acquisition of such land under the provisions of the Applicable Laws and MOR shall take all such steps as may be reasonably necessary for such land acquisition forthwith; provided further that the cost of land acquired under this Clause 10.3.6 shall be borne by MOR in accordance with the Applicable Laws[; provided also that the land to be acquired by MOR hereunder as a part of the Site shall be deemed to be included in the Appendix referred to in this Clause 10.3 and dealt with in accordance with the provisions thereof]. [For the avoidance of doubt, it is agreed that the minimum area of land to be acquired for the Stations, ancillary buildings, maintenance depots, electric sub-stations and approach roads thereof shall conform to the provisions of Schedule B and Schedule C. It is further agreed that MOR may, at any time after the submission of the Bid, suomoto acquire the land required hereunder.]

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Authority Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, the Authority shall have granted vacant access and Right of Way such that the Appendix shall not include more than 20% (twenty per cent) of the total area of the Site required and necessary for the Bus Terminal, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, the Authority shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro the Authority and undertake its removal at its cost and expenses. 10.3.4 The Authority shall make best efforts to hand over , no later than 90 (ninety) days from the Appointed Date, the Right of Way to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of Rs. 50 (Rupees fifty) per day for every 1,000 (one thousand) square metres or part thereof, commencing from the [91st (ninety first)] day of the Appointed Date and until such Right of Way is procured. 10.3.5 Upon receiving Right of Way in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice. Provided that the issue of Provisional Certificate shall not be affected or delayed on account of vacant access to any part of the Site not being granted to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of the delay or denial of such access thereto. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which Right of Way is granted within [90 (ninety)] days of the Appointed Date shall be completed before the Project Completion Date. It is further agreed that the obligation of the Concessionaire to complete the affected Construction Works shall subsist so long as the Authority continues to pay the Damages specified herein, and upon the Authority ceasing to pay such Damages after giving [60 (sixty)] days’ notice thereof to the Concessionaire, the obligation of the Concessionaire to complete such works on such part of the Site shall cease forthwith. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.4.2.

Procurement of the Site. 10.2.1 Pursuant to the notice specified in Clause 4.2, Maha-Metro Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the trees 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 peaceful possession has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.2, be deemed to constitute a valid lease and Right of Way 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 the avoidance of doubt, it is agreed that valid lease and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro to the Concessionaire. 10.2.2 On and after signing the memorandum referred to in Clause 10.2.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro and undertake its removal at its cost and expenses.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Government Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Government to the Concessionaire. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, the Government shall have granted vacant access and Right of Way such that the Appendix shall not include more than 10% (ten per cent) of the total area of the Site required and necessary for the Four-Lane with paved shoulders Project Highway, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, the Government shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro the Government and undertake its removal at its cost and expenses. 10.3.4 The Government shall make best efforts to procure and grant, no later than 90 (ninety) days from the Appointed Date, the Right of Way to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of Rs. 50 (Rupees fifty) per day for every 1,000 (one thousand) square metres or part thereof, commencing from the 91st (ninety first) day of the Appointed Date and until such Right of Way is procured. 10.3.5 Upon receiving Right of Way in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Provisional Certificate shall not be affected or delayed on account of vacant access to any part of the Site not being granted to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of the delay or denial of such access thereto. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which Right of Way is granted within 90 (ninety) days of the Appointed Date shall be completed before the Project Completion Date. It is further agreed that the obligation of the Concessionaire to complete the affected Construction Works shall subsist so long as the Government continues to pay the Damages specified herein, and upon the Government ceasing to pay such Damages after giving 60 (sixty) days’ notice thereof to the Concessionaire, the obligation of the Concessionaire to complete such works on such part of the Site shall cease forthwith. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.4.2. 10.3.6 The Concessionaire shall, if so required by the Government, procure on behalf of the Government, on the terms and to the extent specified by the Government, the additional land required for Toll Plazas, Traffic Aid Posts, Medical Aid Posts, under passes and over passes or for construction of works specified in Change of Scope Order issued under Article 16, in accordance with this Agreement and upon procurement, such land shall form part of the Site and vest in the Government; provided that the Concessionaire may, by notice given to the Government no later than 60 (sixty) days from the Appointed Date or the date of Change of Scope Order, as the case may be, require the Government to initiate and undertake proceedings for acquisition of such land under the provisions of the Applicable Laws and the Government shall take all such steps as may be reasonably necessary for such land acquisition forthwith; provided further that the cost of land acquired under this Clause 10.3.6 shall be borne by the Government in accordance with the Act; provided also that the land to be acquired by the Government hereunder as a part of the Site shall be deemed to be included in the Appendix referred to in this Clause 10.3 and dealt with in accordance with the provisions thereof. For the avoidance of doubt, it is agreed that the minimum area of land to be acquired for the Toll Plazas and approach roads thereof shall conform to the provisions of Schedule-B and Schedule-C. It is further agreed that the Government may, at any time after the Bid Date, suo moto acquire the land required hereunder. 10.3.7 The Concessionaire may procure at its cost and expense and on its own the land that may be required by it for Additional Facilities and the Government shall have no obligation or liability in respect thereof. For the avoidance of doubt, the Concessionaire shall seek prior consent of the Government to connect any Additional Facility to the Project Highway and such consent shall not be unreasonably withheld.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.2Article 4.1, Maha-Metro the Authority’s Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised authorized representatives of the Parties shall, subject to the provisions of Clause 10.1.2Article10.2.2, be deemed to constitute a valid lease and Right of Way 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 the avoidance of doubt, it is agreed that valid lease and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 10.3.2 On and after signing the memorandum referred to in Clause 10.2.1Article10.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro the Authority and undertake its removal at its cost and expenses. 10.3.3 The Authority shall make best efforts to procure and grant, within 30 (thirty) days, and in any event no later than 90 (ninety) days from the signing of this Agreement, the right of way to the Site to the Concessionaire in respect of all land included in the Appendix.

Procurement of the Site. 10.2.1 xxx.xxxxxx.xxx 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Authority Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, the Authority shall have granted vacant access and Right of Way such that the Appendix shall not include more than 20% (twenty per cent) of the total area of the Site required and necessary for the Bus Terminal, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, the Authority shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro the Authority and undertake its removal at its cost and expenses. 10.3.4 The Authority shall make best efforts to hand over , no later than 90 (ninety) days from the Appointed Date, the Right of Way to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of Rs. 50 (Rupees fifty) per day for every 1,000 (one thousand) square metres or part thereof, commencing from the [91st (ninety first)] day of the Appointed Date and until such Right of Way is procured. Downloaded from xxx.xxxxxx.xxx 10.3.5 Upon receiving Right of Way in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice. Provided that the issue of Provisional Certificate shall not be affected or delayed on account of vacant access to any part of the Site not being granted to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of the delay or denial of such access thereto. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which Right of Way is granted within [90 (ninety)] days of the Appointed Date shall be completed before the Project Completion Date. It is further agreed that the obligation of the Concessionaire to complete the affected Construction Works shall subsist so long as the Authority continues to pay the Damages specified herein, and upon the Authority ceasing to pay such Damages after giving [60 (sixty)] days‟ notice thereof to the Concessionaire, the obligation of the Concessionaire to complete such works on such part of the Site shall cease forthwith. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.4.2.

Procurement of the Site. 10.2.1 Pursuant to the notice specified in Clause 4.2, Maha-Metro Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the trees on or attached to the Site. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.2, be deemed to constitute a valid lease and Right of Way 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 the avoidance of doubt, it is agreed that valid lease and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro to the Concessionaire. 10.2.2 On and after signing the memorandum referred to in Clause 10.2.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx vigil over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro and undertake its removal at its cost and expenses.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Authority Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, the Authority shall have granted vacant access and Right of Way such that the Appendix shall not include more than 20% (twenty per cent) of the total area of the Site required and necessary for the Six Lane Project Highway, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, the Authority shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro the Authority and undertake its removal at its cost and expenses. 10.3.4 The Authority shall make best efforts to procure and grant, no later than 90 (ninety) days from the Appointed Date, the Right of Way to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of Rs. 50 (Rupees fifty) per day for every 1,000 (one thousand) square metres or part thereof, commencing from the 366st (three hundred and thirty sixth) day of the Appointed Date and until such Right of Way is procured. 10.3.5 Upon receiving Right of Way in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Provisional Certificate shall not be affected or delayed on account of vacant access to any part of the Site not being granted to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of the delay or denial of such access thereto. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which Right of Way is granted within 365 (three hundred and sixty five) days of the Appointed Date shall be completed before the Project Completion Date. It is further agreed that the obligation of the Concessionaire to complete the affected Construction Works shall subsist so long as the Authority continues to pay the Damages specified herein, and upon the Authority ceasing to pay such Damages after giving 60 (sixty) days‟ notice thereof to the Concessionaire, the obligation of the Concessionaire to complete such works on such part of the Site shall cease forthwith. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.4.2. 10.3.6 The Concessionaire shall, if so required by the Authority, procure on behalf of the Authority, on the terms and to the extent specified by the Authority, the additional land required for Toll Plaza, Traffic Aid Post, Medical Aid Post, under passes and over passes or for construction of works specified in Change of Scope Order issued under Article 16, in accordance with this Agreement and upon procurement, such land shall form part of the Site and vest in the Authority; provided that the Concessionaire may, by notice given to the Authority no later than 60 (sixty) days from the Appointed Date or the date of Change of Scope Order, as the case may be, require the Authority to initiate and undertake proceedings for acquisition of such land under the provisions of the Tamil Nadu Highways Act, 2001(Tamil Nadu Act 34 of 2002) and the Authority shall take all such steps as may be reasonably necessary for such land acquisition forthwith; provided further that the cost of land acquired under this Clause 10.3.6 shall be borne by the Authority in accordance with the Act; provided also that the land to be acquired by the Authority hereunder as a part of the Site shall be deemed to be included in the Appendix referred to in this Clause 10.3 and dealt with in accordance with the provisions thereof. For the avoidance of doubt, it is agreed that the minimum area of land to be acquired for the Toll Plaza and approach roads thereof shall conform to the provisions of Schedule-B and Schedule-C. It is further agreed that the Authority may, at any time after the Bid Date, suo moto acquire the land required hereunder. 10.3.7 The Concessionaire may procure at its cost and expense and on its own the land that may be required by it for Additional Facilities and the Authority shall have no obligation or liability in respect thereof. For the avoidance of doubt, the Concessionaire shall seek prior consent of the Authority to connect any Additional Facility to the Project Highway and such consent shall not be unreasonably withheld.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.3.1, Maha-Metro the Authority’s Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.2, shall be deemed to constitute a valid lease license and Right of Way 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 the avoidance of doubt, it is agreed that valid lease license and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 10.3.2 On and after signing the memorandum referred to in Clause 10.2.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro the Authority and undertake its removal at its cost and expenses. 10.3.3 The Authority shall make best efforts to provide and grant the Right of Way to the Concessionaire in respect of all land included in the Appendix.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro MOR Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro MOR to the Concessionaire. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, MOR shall have granted vacant access and Right of Way such that the Appendix shall not include more than 10% (ten per cent) of the total area of the Site required and necessary for the Rail System, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, MOR shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. For the avoidance of doubt, MOR acknowledges and agrees that the Appendix shall not include any land which may prevent the construction of a continuous rail track. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro MOR and undertake its removal at its cost and expenses. 10.3.4 MOR shall make best efforts to procure and grant, no later than 90 (ninety) days from the Appointed Date, the Right of Way to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of Rs.1,000 (Rupees one thousand) per day for every 500 (five hundred) square metres or part thereof, commencing from the 91st (ninety first) day of the Appointed Date and until such Right of Way is procured. 10.3.5 Upon receiving Right of Way in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which Right of Way is granted within 90 (ninety) days of the Appointed Date shall be completed before the Project Completion Date. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.3.2. 10.3.6 The Concessionaire shall, if so required by MOR, procure on behalf of MOR, on the terms and to the extent specified by MOR, the additional land required for [Stations, ancillary buildings, maintenance depots and electric sub-stations or for] construction of works specified in Change of Scope Order issued under Article 16, in accordance with this Agreement and upon procurement, such land shall form part of the Site and vest in MOR; provided that the Concessionaire may, by notice given to MOR no later than 60 (sixty) days from [the Appointed Date or the date of Change of Scope Order, as the case may be,] require MOR to initiate and undertake proceedings for acquisition of such land under the provisions of the Applicable Laws and MOR shall take all such steps as may be reasonably necessary for such land acquisition forthwith; provided further that the cost of land acquired under this Clause 10.3.6 shall be borne by MOR in accordance with the Applicable Laws[; provided also that the land to be acquired by MOR hereunder as a part of the Site shall be deemed to be included in the Appendix referred to in this Clause 10.3 and dealt with in accordance with the provisions thereof]. Alternatively Concessionaire may bear cost of the land initially, which shall be reimbursed by MOR subsequently. [For the avoidance of doubt, it is agreed that the minimum area of land to be acquired for the Stations, ancillary buildings, maintenance depots, electric sub-stations and approach roads thereof shall conform to the provisions of Schedule B and Schedule C. It is further agreed that MOR may, at any time after the submission of the Bid, suomoto acquire the land required hereunder.]

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro MPRDC’s Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Government to the Concessionaire. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, MPRDC shall have granted vacant access and Right of Way such that the Appendix shall not include more than 10% (ten per cent) of the total area of the Site required and necessary for the Two-Lane Project Highway, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, MPRDC shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro MPRDC and undertake its removal at its cost and expenses. 10.3.4 MPRDC shall make best efforts to procure and grant, no later than 90 (ninety) days from the Appointed Date, the Right of Way to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of Rs. 50 (Rupees fifty) per day for every 1,000 (one thousand) square metres or part thereof, commencing from the 91st (ninety first) day of the Appointed Date and until such Right of Way is procured. 10.3.5 Upon receiving Right of Way in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Provisional Certificate shall not be affected or delayed on account of vacant access to any part of the Site not being granted to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of the delay or denial of such access thereto. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which Right of Way is granted within 90 (ninety) days of the Appointed Date shall be completed before the Project Completion Date. It is further agreed that the obligation of the Concessionaire to complete the affected Construction Works shall subsist so long as MPRDC continues to pay the Damages specified herein, and upon MPRDC ceasing to pay such Damages after giving 60 (sixty) days’ notice thereof to the Concessionaire, the obligation of the Concessionaire to complete such works on such part of the Site shall cease forthwith. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.4.2. 10.3.6 The Concessionaire shall, if so required by MPRDC, procure on behalf of MPRDC, on the terms and to the extent specified by MPRDC, the additional land required for [Toll Plazas, Traffic Aid Posts, Medical Aid Posts, under passes and over passes or for] construction of works specified in Change of Scope Order issued under Article 16, in accordance with this Agreement and upon procurement, such land shall form part of the Site and vest in MPRDC; provided that the Concessionaire may, by notice given to MPRDC no later than 60 (sixty) days from the Appointed Date or the date of Change of Scope Order, as the case may be, require MPRDC to initiate and undertake proceedings for acquisition of such land under the provisions of the Applicable Laws and MPRDC shall take all such steps as may be reasonably necessary for such land acquisition forthwith; provided further that the cost of land acquired under this Clause 10.3.6 shall be borne by MPRDC in accordance with the Act; provided also that the land to be acquired by MPRDC hereunder as a part of the Site shall be deemed to be included in the Appendix referred to in this Clause 10.3 and dealt with in accordance with the provisions thereof. For the avoidance of doubt, it is agreed that the minimum area of land to be acquired for the Toll Plazas and approach roads thereof shall conform to the provisions of Schedule-B and Schedule-C. It is further agreed that MPRDC may, at any time after the Bid Date, suo moto acquire the land required hereunder. 10.3.7 The Concessionaire may procure at its cost and expense and on its own the land that may be required by it for Additional Facilities and MPRDC shall have no obligation or liability in respect thereof. For the avoidance of doubt, the Concessionaire shall seek prior consent of MPRDC to connect any Additional Facility to the Project Highway and such consent shall not be unreasonably withheld.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Government Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Government to the Concessionaire. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, the Government shall have granted vacant access and Right of Way such that the Appendix shall not include more than 10 % (ten per cent) of the total area of the Site required and necessary for the Rail System, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, the Government shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. For the avoidance of doubt, the Government acknowledges and agrees that the Appendix shall not include any land which may prevent the construction of a continuous rail track. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro the Government and undertake its removal at its cost and expenses. 10.3.4 The Government shall make best efforts to procure and grant, no later than 90 (ninety) days from the Appointed Date, the Right of Way to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of Rs. 1,000 (Rupees one thousand) per day for every 500 (five hundred) square metres or part thereof, commencing from the 91st (ninety first) day of the Appointed Date and until such Right of Way is procured. 10.3.5 Upon receiving Right of Way in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Provisional Certificate shall not be affected or delayed on account of vacant access to any part of the Site not being granted to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of the delay or denial of such access thereto. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which Right of Way is granted within 90 (ninety) days of the Appointed Date shall be completed before the Project Completion Date. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.4.2. 10.3.6 The Concessionaire shall, if so required by the Government, procure on behalf of the Government, on the terms and to the extent specified by the Government, the additional land required for Stations, ancillary buildings, maintenance depots and electric sub-stations or for construction of works specified in Change of Scope Order issued under Article 16, in accordance with this Agreement and upon procurement, such land shall form part of the Site and vest in the Government; provided that the Concessionaire may, by notice given to the Government no later than 60 (sixty) days from the Appointed Date or the date of Change of Scope Order, as the case may be, require the Government to initiate and undertake proceedings for acquisition of such land under the provisions of the Applicable Laws and the Government shall take all such steps as may be reasonably necessary for such land acquisition forthwith; provided further that the cost of land acquired under this Clause 10.3.6 shall be borne by the Government in accordance with the Act; provided also that the land to be acquired by the Government hereunder as a part of the Site shall be deemed to be included in the Appendix referred to in this Clause 10.3 and dealt with in accordance with the provisions thereof. For the avoidance of doubt, it is agreed that the minimum area of land to be acquired for the Stations, ancillary buildings, maintenance depots, electric sub-stations and approach roads thereof shall conform to the provisions of Schedule-B and Schedule-C. It is further agreed that the Government may, at any time after the Bid Date, suo moto acquire the land required hereunder.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Authority Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two 2 (two) counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease leasehold rights and Right of Way 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 the avoidance of doubt, it is agreed that valid lease leasehold rights and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, the Authority shall have granted vacant access and Right of Way such that the Appendix shall not include more than 10% (ten per cent) of the total area of the Site required and necessary for the Project, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and the Right of Way, the Authority shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. For the avoidance of doubt, the Authority acknowledges and agrees that the Appendix shall not include any land which may prevent the development of the Project. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro the Authority and undertake its removal at its cost and expenses. 10.3.4 The Authority shall make best efforts to procure and grant, no later than 60 (sixty) days from the Appointed Date, the Right of Way to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of Rs. 1,000 (Rupees one thousand) per day for every 000 (xxxxxxx) xxxxxx xxxxxx xx part thereof, commencing from the 61st (sixty first) day of the Appointed Date and until such Right of Way is procured. 10.3.5 Upon receiving Right of Way in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Completion Certificate shall not be affected or delayed on account of vacant access to any part of the Site not being granted to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of the delay or denial of such access thereto. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which Right of Way is granted within 60 (sixty) days of the Appointed Date shall be completed before the Commercial Operation Date. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.3.2.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro MPRDC Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro MPRDC to the Concessionaire. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, MPRDC shall have granted vacant access and Right of Way such that the Appendix shall not include more than 20 % (twenty per cent) of the total area of the Site required and necessary for the Two-Lane Project Highway, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, MPRDC shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro MPRDC and undertake its removal at its cost and expenses. 10.3.4 MPRDC shall make best efforts to procure and grant, no later than 90 (ninety) days from the Appointed Date, the Right of Way to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of ` 50.00 (Rupees fifty) per day for every 1,000 (one thousand) square metres or part thereof, commencing from the 91st (ninety first) day of the Appointed Date and until such Right of Way is procured. 10.3.5 Upon receiving Right of Way in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Provisional Certificate shall not be affected or delayed on account of vacant access to any part of the Site not being granted to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of the delay or denial of such access thereto. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which Right of Way is granted within 90 (ninety) days of the Appointed Date shall be completed before the Project Completion Date. It is further agreed that the obligation of the Concessionaire to complete the affected Construction Works shall subsist so long as MPRDC continues to pay the Damages specified herein, and upon MPRDC ceasing to pay such Damages after giving 60 (sixty) days’ notice thereof to the Concessionaire, the obligation of the Concessionaire to complete such works on such part of the Site shall cease forthwith. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.4.2. 10.3.6 The Concessionaire shall, if so required by MPRDC, procure on behalf of MPRDC, on the terms and to the extent specified by MPRDC, the additional land required for Toll Plazas, Traffic Aid Posts, Medical Aid Posts, under passes and over passes or for construction of works specified in Change of Scope Order issued under Article 16, in accordance with this Agreement and upon procurement, such land shall form part of the Site and vest in MPRDC; provided that the Concessionaire may, by notice given to MPRDC no later than 60 (sixty) days from the Appointed Date or the date of Change of Scope Order, as the case may be, require MPRDC to initiate and undertake proceedings for acquisition of such land under the provisions of the Applicable Laws and MPRDC shall take all such steps as may be reasonably necessary for such land acquisition forthwith; provided further that the cost of land acquired under this Clause 10.3.6 shall be borne by MPRDC in accordance with the Act; provided also that the land to be acquired by MPRDC hereunder as a part of the Site shall be deemed to be included in the Appendix referred to in this Clause 10.3 and dealt with in accordance with the provisions thereof. For the avoidance of doubt, it is agreed that the minimum area of land to be acquired for the Toll Plazas and approach roads thereof shall conform to the provisions of Schedule-B and Schedule-C. It is further agreed that MPRDC may, at any time after the Bid Date, suo moto acquire the land required hereunder. 10.3.7 The Concessionaire may procure at its cost and expense and on its own the land that may be required by it for Additional Facilities and MPRDC shall have no obligation or liability in respect thereof. For the avoidance of doubt, the Concessionaire shall seek prior consent of MPRDC to connect any Additional Facility to the Project Highway and such consent shall not be unreasonably withheld.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Authority Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, the Authority shall have granted vacant access and Right of Way such that the Appendix shall not include more than 20% (twenty per cent) of the total area of the Site required and necessary for the Six Lane Project Highway, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, the Authority shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro the Authority and undertake its removal at its cost and expenses. 10.3.4 The Authority shall make best efforts to procure and grant, no later than 90 (ninety) days from the Appointed Date, the Right of Way to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of Rs. 50 (Rupees fifty) per day for every 1,000 (one thousand) square metres or part thereof, commencing from the 366th (Three hundred and Sixty Sixth) day of the Appointed Date and until such Right of Way is procured 10.3.5 Upon receiving Right of Way in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Provisional Certificate shall not be affected or delayed on account of vacant access to any part of the Site not being granted to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of the delay or denial of such access thereto. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which Right of Way is granted within 365 (three hundred and sixty five) days of the Appointed Date shall be completed before the Project Completion Date. It is further agreed that the obligation of the Concessionaire to complete the affected Construction Works shall subsist so long as the Authority continues to pay the Damages specified herein, and upon the Authority ceasing to pay such Damages after giving 60 (sixty) days’ notice thereof to the Concessionaire, the obligation of the Concessionaire to complete such works on such part of the Site shall cease forthwith. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.4.2. 10.3.6 The Concessionaire shall, if so required by the Authority, procure on behalf of the Authority, on the terms and to the extent specified by the Authority, the additional land required for Toll Plaza, Traffic Aid Post, Medical Aid Post, under passes and over passes or for construction of works specified in Change of Scope Order issued under Article 16, in accordance with this Agreement and upon procurement, such land shall form part of the Site and vest in the Authority; provided that the Concessionaire may, by notice given to the Authority no later than 60 (sixty) days from the Appointed Date or the date of Change of Scope Order, as the case may be, require the Authority to initiate and undertake proceedings for acquisition of such land under the provisions of the Tamil Nadu Highways Act, 2001(Tamil Nadu Act 34 of 2002) and the Authority shall take all such steps as may be reasonably necessary for such land acquisition forthwith; provided further that the cost of land acquired under this Clause 10.3.6 shall be borne by the Authority in accordance with the Act; provided also that the land to be acquired by the Authority hereunder as a part of the Site shall be deemed to be included in the Appendix referred to in this Clause 10.3 and dealt with in accordance with the provisions thereof. For the avoidance of doubt, it is agreed that the minimum area of land to be acquired for the Toll Plaza and approach roads thereof shall conform to the provisions of Schedule-B and Schedule-C. It is further agreed that the Authority may, at any time after the Bid Date, suo moto acquire the land required hereunder. 10.3.7 The Concessionaire may procure at its cost and expense and on its own the land that may be required by it for Additional Facilities and the Authority shall have no obligation or liability in respect thereof. For the avoidance of doubt, the Concessionaire shall seek prior consent of the Authority to connect any Additional Facility to the Project Highway and such consent shall not be unreasonably withheld.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro MPRDC Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro MPRDC to the Concessionaire. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, MPRDC shall have granted vacant access and Right of Way such that the Appendix shall not include more than 20 % (twenty per cent) of the total area of the Site required and necessary for the [Two- Lane] Project Highway, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, MPRDC shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro MPRDC and undertake its removal at its cost and expenses. 10.3.4 MPRDC shall make best efforts to procure and grant, no later than 90 (ninety) days from the Appointed Date, the Right of Way to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of Rs. 50 (Rupees fifty) per day for every 1,000 (one thousand) square metres or part thereof, commencing from the 91st (ninety first) day of the Appointed Date and until such Right of Way is procured. 10.3.5 Upon receiving Right of Way in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Provisional Certificate shall not be affected or delayed on account of vacant access to any part of the Site not being granted to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of the delay or denial of such access thereto. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which Right of Way is granted within 90 (ninety) days of the Appointed Date shall be completed before the Project Completion Date. It is further agreed that the obligation of the Concessionaire to complete the affected Construction Works shall subsist so long as MPRDC continues to pay the Damages specified herein, and upon MPRDC ceasing to pay such Damages after giving 60 (sixty) days’ notice thereof to the Concessionaire, the obligation of the Concessionaire to complete such works on such part of the Site shall cease forthwith. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.4.2. 10.3.6 The Concessionaire shall, if so required by MPRDC, procure on behalf of MPRDC, on the terms and to the extent specified by MPRDC, the additional land required for [Toll Plazas, Traffic Aid Posts, Medical Aid Posts, under passes and over passes or for] construction of works specified in Change of Scope Order issued under Article 16, in accordance with this Agreement and upon procurement, such land shall form part of the Site and vest in MPRDC; provided that the Concessionaire may, by notice given to MPRDC no later than 60 (sixty) days from [the Appointed Date or the date of Change of Scope Order, as the case may be,] require MPRDC to initiate and undertake proceedings for acquisition of such land under the provisions of the Applicable Laws and MPRDC shall take all such steps as may be reasonably necessary for such land acquisition forthwith; provided further that the cost of land acquired under this Clause 10.3.6 shall be borne by MPRDC in accordance with the Act; provided also that the land to be acquired by MPRDC hereunder as a part of the Site shall be deemed to be included in the Appendix referred to in this Clause 10.3 and dealt with in accordance with the provisions thereof. For the avoidance of doubt, it is agreed that the minimum area of land to be acquired for the Toll Plazas and approach roads thereof shall conform to the provisions of Schedule-B and Schedule-C. It is further agreed that MPRDC may, at any time after the Bid Date, suo moto acquire the land required hereunder. 10.3.7 The Concessionaire may procure at its cost and expense and on its own the land that may be required by it for Additional Facilities and MPRDC shall have no obligation or liability in respect thereof. For the avoidance of doubt, the Concessionaire shall seek prior consent of MPRDC to connect any Additional Facility to the Project Highway and such consent shall not be unreasonably withheld.

Procurement of the Site. 10.2.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Authority Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two 2 (two) counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease leasehold rights and Right of Way 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 the avoidance of doubt, it is agreed that valid lease leasehold rights and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 On and after signing the memorandum referred to in Clause 10.2.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro and undertake its removal at its cost and expenses.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro MPRDC Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro MPRDC to the Concessionaire. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, MPRDC shall have granted vacant access and Right of Way such that the Appendix shall not include more than 10% (ten per cent) of the total area of the Site required and necessary for the two Lane Project Highway, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, MPRDC shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro MPRDC and undertake its removal at its cost and expenses. 10.3.4 MPRDC shall make best efforts to procure and grant, no later than 90 (ninety) days from the Appointed Date, the Right of Way to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of ` 50 (Rupees fifty) per day for every 1,000 (one thousand) square metres or part thereof, commencing from the 91st (ninety first) day of the Appointed Date and until such Right of Way is procured. 10.3.5 Upon receiving Right of Way in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Provisional Certificate shall not be affected or delayed on account of vacant access to any part of the Site not being granted to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of the delay or denial of such access thereto. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which Right of Way is granted within 90 (ninety) days of the Appointed Date shall be completed before the Project Completion Date. It is further agreed that the obligation of the Concessionaire to complete the affected Construction Works shall subsist so long as MPRDC continues to pay the Damages specified herein, and upon MPRDC ceasing to pay such Damages after giving 60 (sixty) days’ notice thereof to the Concessionaire, the obligation of the Concessionaire to complete such works on such part of the Site shall cease forthwith. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.4.2. 10.3.6 The Concessionaire shall, if so required by the MPRDC , procure on behalf of the MPRDC, on the terms and to the extent specified by the MPRDC , the additional land required for Toll Plazas, Traffic Aid Post, Medical Aid Post, under passes and over passes or for construction of works specified in Change of Scope Order issued under Article 16, in accordance with this Agreement and upon procurement, such land shall form part of the Site and vest in the MPRDC ; provided that the Concessionaire may, by notice given to MPRDC no later than 60 (sixty) days from the Appointed Date or the date of Change of Scope Order, as the case may be, require MPRDC to initiate and undertake proceedings for acquisition of such land under the provisions of the Applicable Laws and MPRDC shall take all such steps as may be reasonably necessary for such land acquisition forthwith; provided further that the cost of land acquired under this Clause 10.3.6 shall be borne by MPRDC in accordance with the Act; provided also that the land to be acquired by MPRDC hereunder as a part of the Site shall be deemed to be included in the Appendix referred to in this Clause 10.3 and dealt with in accordance with the provisions thereof. For the avoidance of doubt, it is agreed that the minimum area of land to be acquired for the Toll Plazas and approach roads thereof shall conform to the provisions of Schedule-B and Schedule-C. It is further agreed that MPRDC may, at any time after the Bid Date, suo moto acquire the land required hereunder. 10.3.7 The Concessionaire may procure at its cost and expense and on its own the land that may be required by it for Additional Facilities and MPRDC shall have no obligation or liability in respect thereof. For the avoidance of doubt, the Concessionaire shall seek prior consent of MPRDC to connect any Additional Facility to the Project Highway and such consent shall not be unreasonably withheld.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.2Article 4.1, Maha-Metro the Authority’s Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.2Article 10.2.2, be deemed to constitute a valid lease and Right of Way 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 the avoidance of doubt, it is agreed that valid lease and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 10.3.2 On and after signing the memorandum referred to in Clause 10.2.1Article 10.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro the Authority and undertake its removal at its cost and expenses. 10.3.3 The Authority shall make best efforts to procure and grant, within 30 (thirty) days, and in any event no later than 90 (ninety) days from the signing of this Agreement, the right of way to the Site to the Concessionaire in respect of all land included in the Appendix.

Procurement of the Site. 10.2.1 10.3.1. Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Authority Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two 2 (two) counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 On and after signing 10.3.2. Without prejudice to the memorandum referred provisions of Clause 10.3.1, the Parties hereto agree that on or prior to in Clause 10.2.1, and until the Transfer Appointed Date, the Concessionaire Authority shall maintain a round-the-clock xxxxx over have granted vacant access and Right of Way such that the Appendix shall not include more than 10% (ten per cent) of the total area of the Site required and shall ensure and procure that no encroachment thereon takes placenecessary for the Airport, and in the event Financial Close is delayed solely on account of any encroachment or illegal occupation on any part thereofdelay in grant of such vacant access and Right of Way, the Concessionaire period for the achievement of the Financial Close shall report such encroachment or illegal occupation forthwith to Maha-Metro and undertake its removal at its cost and expensesbe extended by the Authority in accordance with the provisions of Clause 4.1.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro MOR Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Site. Such memorandum shall have appended thereto an appendix (the A‡ppendix · V S H F L I \ L Q J L Q U H D V R access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro MOR to the Concessionaire. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, MOR shall have granted vacant access and Right of Way such that the Appendix shall not include more than 10% (ten per cent) of the total area of the Site required and necessary for the Rail System, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, MOR shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. For the avoidance of doubt, MOR acknowledges and agrees that the Appendix shall not include any land which may prevent the construction of a continuous rail track. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro MOR and undertake its removal at its cost and expenses. 10.3.4 MOR shall make best efforts to procure and grant, no later than 90 (ninety) days from the Appointed Date, the Right of Way to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of Rs.1,000 (Rupees one thousand) per day for every 500 (five hundred) square metres or part thereof, commencing from the 91st (ninety first) day of the Appointed Date and until such Right of Way is procured. 10.3.5 Upon receiving Right of Way in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which Right of Way is granted within 90 (ninety) days of the Appointed Date shall be completed before the Project Completion Date. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.3.2. 10.3.6 The Concessionaire shall, if so required by MOR, procure on behalf of MOR, on the terms and to the extent specified by MOR, the additional land required for [Stations, ancillary buildings, maintenance depots and electric sub-stations or for] construction of works specified in Change of Scope Order issued under Article 16, in accordance with this Agreement and upon procurement, such land shall form part of the Site and vest in MOR; provided that the Concessionaire may, by notice given to MOR no later than 60 (sixty) days from [the Appointed Date or the date of Change of Scope Order, as the case may be,] require MOR to initiate and undertake proceedings for acquisition of such land under the provisions of the Applicable Laws and MOR shall take all such steps as may be reasonably necessary for such land acquisition forthwith; provided further that the cost of land acquired under this Clause 10.3.6 shall be borne by MOR in accordance with the Applicable Laws[; provided also that the land to be acquired by MOR hereunder as a part of the Site shall be deemed to be included in the Appendix referred to in this Clause 10.3 and dealt with in accordance with the provisions thereof]. Alternatively Concessionaire may bear cost of the land initially, which shall be reimbursed by MOR subsequently. [For the avoidance of doubt, it is agreed that the minimum area of land to be acquired for the Stations, ancillary buildings, maintenance depots, electric sub-stations and approach roads thereof shall conform to the provisions of Schedule B and Schedule C. It is further agreed that MOR may, at any time after the submission of the Bid, suomoto acquire the land required hereunder.]

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the SH&DB Representative and the Concessionaire DEVELOPER shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Site. Such memorandum shall be appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant access and Right of Way has not been granted to the DEVELOPER. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised authorized representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease license and Right of Way to the Concessionaire DEVELOPER for free and unrestricted use and development of the vacant and unencumbered Site during the Concession Period under and license period in accordance with the provisions of this Agreement and for no other purpose whatsoever. For the avoidance of doubt, it is agreed that valid lease license and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire DEVELOPER upon vacant access thereto being provided by Maha-Metro the SH&DB to the ConcessionaireDEVELOPER. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, the SH&DB shall have granted vacant access license and Right of Way to the total area of the Site required and necessary for the Project, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, the SH&DB shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire DEVELOPER shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire DEVELOPER shall report such encroachment or illegal occupation forthwith to Maha-Metro and the SH&DB who shall undertake its removal at its cost and expenses. 10.3.4 The SH&DB shall make best efforts to procure and grant from the Appointed Date, the Right of Way to the DEVELOPER in respect of all land required for the Project. However, if any part of land is included in the Appendix such that License and Right of Way could not be granted to the DEVELOPER on the Appointed Date, for any reason other than Force Majeure or breach of this Agreement by the DEVELOPER, the SH&DB shall pay to the DEVELOPER, Damages in a sum calculated at the rate of Rs.1000(Rupees One Thousand) per day for every 1,000 (one thousand) square meter or part thereof, commencing from the Appointed Date and until such Right of Way is procured. 10.3.5 Upon receiving Right of Way in respect of any land included in the Appendix, the DEVELOPER shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Completion Certificate shall not be affected or delayed on account of vacant access to any part of the Site not being granted to the DEVELOPER or any construction on such part of the Site remaining incomplete on the date of Tests on account of the delay or denial of such access thereto. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which Right of Way is granted within 90 (ninety) days of the Appointed Date shall be completed by the Project Completion Date. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.3.2. All construction designed to be on land for which vacant access was not granted cannot be part of the above completion.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Authority Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, trees 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 access has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Access Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way Access with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, the Authority shall have granted vacant access such that the Appendix shall not include more than 20% (twenty per cent) of the total area of the Site required and necessary for the Project, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access, the Authority shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro the Authority and undertake its removal at its cost and expenses. 10.3.4 The Authority shall make best efforts to procure and grant, no later than 90 (ninety) days from the Appointed Date, the Access to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of Rs. 50 (Rupees fifty) per day for every 100 (one hundred) square metres or part thereof, commencing from the 91st (ninety first) day of the Appointed Date and until such Access is procured. 10.3.5 Upon receiving the Access in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice; provided that the issue of Provisional Certificate shall not be affected or delayed on account of vacant access to any part of the Site not being granted to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of the delay or denial of such access thereto. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which the Access is granted within 90 (ninety) days of the Appointed Date shall be completed before the Project Completion Date. It is further agreed that the obligation of the Concessionaire to complete the affected Construction Works shall subsist so long as the Authority continues to pay the Damages specified herein, and upon the Authority ceasing to pay such Damages after giving 60 (sixty) days’ notice thereof to the Concessionaire, the obligation of the Concessionaire to complete such works on such part of the Site shall cease forthwith. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.4.2.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Authority Representative and the Concessionaire Contractor shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Contractor. Signing of the memorandum, in two 2 (two) counterparts (each of which shall constitute an original), by the authorised authorized representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease license and Right of Way to the Concessionaire Contractor for free and unrestricted use and development of the vacant and unencumbered Site during the Concession Contract Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For the avoidance of doubt, it is agreed that valid lease license and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire Contractor upon vacant access thereto being provided by Maha-Metro the Authority to the ConcessionaireContractor. 10.2.2 10.3.2 In case of any dispute between the Contractor and the Authority in relation to the survey of the Project Site and the Appendix, the decision of the Authority shall prevail and shall be binding on the Contractor. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire Contractor shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire Contractor shall report such encroachment or illegal occupation forthwith to Maha-Metro the Authority and undertake its removal at its cost and expenses. 10.3.4 Upon receiving Right of Way in respect of any land included in the Appendix, the Contractor shall complete the Development Works in accordance with the Project Completion Schedule set forth.

Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Authority Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease license and Right of Way 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 the avoidance of doubt, it is agreed that valid lease license and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 On and after signing the memorandum referred to in Clause 10.2.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro and undertake its removal at its cost and expenses.

Procurement of the Site. 10.2.1 xxx.xxxxxx.xxx 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro the Authority Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.210.2.2, be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, the Authority shall have granted vacant access and Right of Way such that the Appendix shall not include more than 20% (twenty per cent) of the total area of the Site required and necessary for the Bus Terminal, and in the event Financial Close is delayed solely on account of delay in grant of such vacant access and Right of Way, the Authority shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2. 10.3.3 On and after signing the memorandum referred to in Clause 10.2.110.3.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro the Authority and undertake its removal at its cost and expenses. 10.3.4 The Authority shall make best efforts to hand over , no later than 90 (ninety) days from the Appointed Date, the Right of Way to the Concessionaire in respect of all land included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the Concessionaire, it shall pay to the Concessionaire Damages in a sum calculated at the rate of Rs. 50 (Rupees fifty) per day for every 1,000 (one thousand) square metres or part thereof, commencing from the [91st (ninety first)] day of the Appointed Date and until such Right of Way is procured. Downloaded from xxx.xxxxxx.xxx 10.3.5 Upon receiving Right of Way in respect of any land included in the Appendix, the Concessionaire shall complete the Construction Works thereon within a reasonable period to be determined by the Independent Engineer in accordance with Good Industry Practice. Provided that the issue of Provisional Certificate shall not be affected or delayed on account of vacant access to any part of the Site not being granted to the Concessionaire or any construction on such part of the Site remaining incomplete on the date of Tests on account of the delay or denial of such access thereto. For the avoidance of doubt, it is expressly agreed that Construction Works on all lands for which Right of Way is granted within [90 (ninety)] days of the Appointed Date shall be completed before the Project Completion Date. It is further agreed that the obligation of the Concessionaire to complete the affected Construction Works shall subsist so long as the Authority continues to pay the Damages specified herein, and upon the Authority ceasing to pay such Damages after giving [60 (sixty)] days’ notice thereof to the Concessionaire, the obligation of the Concessionaire to complete such works on such part of the Site shall cease forthwith. It is also expressly agreed that completion of the respective Construction Works within the time determined by the Independent Engineer hereunder shall be deemed to be Project Milestones for the purposes of levy and recovery of Damages under and in accordance with the provisions of Clause 12.4.2.

Procurement of the Site. 10.2.1 Pursuant to the notice specified in Clause 4.2, Maha-Metro Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the trees on or attached to the Site. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.2, be deemed to constitute a valid lease and Right of Way 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 the avoidance of doubt, it is agreed that valid lease and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro to the Concessionaire. 10.2.2 On and after signing the memorandum referred to in Clause 10.2.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro and undertake its removal at its cost and expenses.

Procurement of the Site. 10.2.1 Pursuant to the notice specified in Clause 4.2, Maha-Metro Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the trees on or attached to the Site. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.2, be deemed to constitute a valid lease and Right of Way 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 the avoidance of doubt, it is agreed that valid lease and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro to the Concessionaire. No separate lease deed will be executed. The Concession Agreement shall act as Lease cum Concession Agreement. 10.2.2 On and after signing the memorandum referred to in Clause 10.2.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro and undertake its removal at its cost and expenses.

Procurement of the Site. 10.2.1 Pursuant to the notice specified in Clause 4.2, Maha-Metro 10.3.1 The Authority Representative and the Concessionaire shall, taking into account the conditions and timelines specified in Article 4. 1.1.2 on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees 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 access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.2, 10.2.2 be deemed to constitute a valid lease licence and Right of Way 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 the avoidance of doubt, it is agreed that valid lease licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro the Authority to the Concessionaire. 10.2.2 On and after signing the memorandum referred to in Clause 10.2.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro and undertake its removal at its cost and expenses.