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. 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.

Appears in 2 contracts

Samples: Maharashtra Metro, Maharashtra Metro

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Procurement of the Site. 10.2.1 Pursuant to the notice specified in Clause 4.2, Maha-Metro 8.2.1 The Authority Representative and the Concessionaire Contractor shall, on a mutually agreed within 15 (fifteen) days of the date and timeof this Agreement, 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 Subject to the provisions of Clause 8.2.2, such memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant access and peaceful possession Right of Way has not been granted given to the ConcessionaireContractor. 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 10.1.2, shall be deemed to constitute a valid lease and evidence of giving the Right of Way to the Concessionaire Contractor for free and unrestricted use and development of the vacant and unencumbered Site during the Concession Period discharging its obligations under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For the avoidance of doubt, it the Parties agree that subject to the provisions of Clauses 8.2.2 and 8.2.3, whenever the Authority is agreed that valid lease and ready to provide Right of Way with respect to the for any part or parts of the Site as set forth included in the Appendix Appendix, it shall by notice inform the Contractor of the proposed date and time when the Authority Representative and the Contractor shall inspect the specified parts of the Site, and prepare a memorandum which shall be deemed to have been granted constitute a valid evidence of giving such Right of Way to the Concessionaire upon vacant access thereto being provided by Maha-Metro to Contractor in accordance with the Concessionaireprovision of this Clause 8.2.1.

Appears in 2 contracts

Samples: Model Agreement, Model Agreement

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Procurement of the Site. 10.2.1 10.3.1 Pursuant to the notice specified in Clause 4.24.1.2, Maha-Metro Representative the Authority 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 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, shall be deemed to constitute a valid part of the 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 this 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.

Appears in 1 contract

Samples: Concession Agreement

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