Protection of Project Site from encroachments. During the Concession Period, the Concessionaire shall protect the Project Site from any and all occupations, encroachments or Encumbrances, and shall not place or create nor permit any Contractor or other person claiming through or under the Concessionaire to place or create any Encumbrance or security interest over all or any part of the Project Site or the Project Assets, or on any rights of the Concessionaire therein or under this Agreement, save and except as otherwise expressly set forth in this Agreement.
Protection of Project Site from encroachments. 11.3.1 During the Term, and subject to this Clause 11.3, in case the Project Company witnesses any illegal occupation or encroachment on the Project Site, the Project Company shall promptly inform the Contracting Authority and the police and take such steps as are reasonable and practicable to protect the Project Site from any and all illegal occupations or encroachments provided that nothing in this Agreement shall require or oblige the Project Company to assume or undertake obligations of the Contracting Authority agreed by it with any third party in respect of the Project Site, resettlement action plan, or similar arrangement in respect of which the Contracting Authority is an interested party.
11.3.2 In the event that the Project Company has in its reasonable opinion, determined that it is not appropriate or practicable for the Project Company to remove the illegal occupations or encroachments itself having taken into account its security protocol, it shall notify the Contracting Authority. Upon being so notified the Contracting Authority shall promptly implement all necessary measures and actions required to remove such illegal occupation or encroachment, including pursuant to any resettlement action plan, or similar arrangement in respect of which the Contracting Authority is an interested party. The Contracting Authority, upon request by the Project Company, shall be obliged to provide the Project Company with reasonable co-operation and lawful assistance for the purposes of protection of the Project Site from such illegal occupations or encroachments.
11.3.3 A failure by the Contracting Authority to provide lawful assistance, upon request by the Project Company in accordance with Clause 11.3 shall be considered a Compensation Event
11.3.4 Any illegal occupation or encroachment on or affecting the Project Site by persons that should have been resettled or compensated pursuant to the Resettlement Action Plan and that affects the Project Company’s ability to perform its obligations under this Agreement or otherwise causes the Project Company to incur any cost or liability, irrespective of any failure by the Contracting Authority to provide its lawful assistance, upon notification by the Project Company to the Contracting Authority in accordance with this Clause 11.3, shall be considered a Compensation Event.
Protection of Project Site from encroachments. During the Term, the Developer shall protect the Project Site from any and all occupations, encroachments or Encumbrances, and shall not place or create nor permit any contractor or other person claiming through or under the Developer to place or create any Encumbrance or security interest over all or any part of the Site, or on any rights of the SPV therein or under the Agreement, save and except as otherwise expressly set forth in this Agreement. Project Site is demarcated at ‘Plot 09’ in “Annexure 1. IICC Concept Master Plan” GPS coordinates of the Project Site are provided in “Annexure 2. Plots with GPS coordinates” The following services shall be provided to the Developer by the SPV or its designated agency
