Common use of Rights and Title Over the Site Clause in Contracts

Rights and Title Over the Site. Licensee rights For the purpose of this Agreement, the Concessionaire shall have rights to the use of the Site as sole licensee subject to and in accordance with this Agreement, and to this end, it may regulate the entry and use of the Project Highway by third parties in accordance with and subject to the provisions of this Agreement. Access rights of the Authority and others The Concessionaire shall allow free access to the Site at all times for the authorised representatives and vehicles of the Authority, Senior Lenders, and the Independent Engineer, and for the persons and vehicles duly authorised by any Government Instrumentality to inspect the Project Highway or to investigate any matter within their Authority, and upon reasonable notice, the Concessionaire shall provide to such persons reasonable assistance necessary to carry out their respective duties and functions. The Concessionaire shall, for the purpose of operation and maintenance of any utility or road specified in Article 11, allow free access to the Site at all times for the authorised persons and vehicles of the controlling body of such utility or road. Property taxes All property taxes on the Site shall be payable by the Authority as owner of the Site. Provided, however, that any such taxes payable by the Concessionaire under Applicable Laws for use of the Site shall not be reimbursed or payable by the Authority. Restriction on sub-letting The Concessionaire shall not sublicense or sublet the whole or any part of the Site, save and except as may be expressly set forth in this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors for the performance of its obligations hereunder including for operation and maintenance of all or any part of the Project Highway.

Appears in 1 contract

Samples: Model Concession Agreement

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Rights and Title Over the Site. Licensee rights For the purpose of this Agreement, the Concessionaire shall have rights to the use of the Site as sole licensee subject to and in accordance with this Agreement, and to this end, ; it may regulate the entry and use of the Project Highway by third parties in accordance with and subject to the provisions of this Agreement. Access rights of the Authority and others The Concessionaire shall allow free access to the Site at all times for the authorised authorized representatives and vehicles of the Authority, Senior Lenders, and the Independent Engineer, and for the persons and vehicles duly authorised authorized by any Government Instrumentality to inspect the Project Highway or and to investigate any matter within their Authorityauthority, and upon reasonable notice, the Concessionaire shall provide to such persons persons, reasonable assistance necessary to carry out their respective duties and functions. The Concessionaire shall, for the purpose of operation and maintenance of any utility or road specified in Article 11, allow free access to the Site at all times for the authorised persons and vehicles of the controlling body of such utility or road. Property taxes All property taxes on the Site shall be payable by the Authority as owner of the Site. Provided; provided, however, that any such taxes payable by the Concessionaire under Applicable Laws for use of the Site shall not be reimbursed or payable by the Authority. For the avoidance of doubt, the Parties agree that stamp duties, if any, due and payable on the grant of license comprising this Agreement shall be paid by the Authority. Provided, however, that the Authority may require the Concessionaire to pay such stamp duties, which shall be reimbursed by the Authority to the Concessionaire within 15 (fifteen) days of receiving the demand thereof. Restriction on sub-letting leasing The Concessionaire shall not sublicense sub-license or sublet sub-let the whole or any part of the Site, save and except as may be expressly set forth in this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors for the performance of its obligations hereunder including for operation and maintenance of all or any part of the Project HighwayProject. DISPUTE RESOLUTION Dispute resolution Any dispute, difference or controversy of whatever nature howsoever arising under or out of or in relation to this Agreement (including its interpretation) between the Parties, and so notified in writing by either Party to the other Party (the “Dispute”) shall, in the first instance, be attempted to be resolved amicably in accordance with the conciliation procedure set forth in Clause 37.2. The Parties agree to use their best efforts for resolving all Disputes arising under or in respect of this Agreement promptly, equitably and in good faith, and further agree to provide each other with reasonable access during normal business hours to all non-privileged records, information and data pertaining to any Dispute.

Appears in 1 contract

Samples: Concession Agreement

Rights and Title Over the Site. Licensee Lessee rights For the purpose of this Agreement, the Concessionaire shall have rights to the use of the Site as sole licensee lessee subject to and in accordance with this Agreement, and to this end, ; it may regulate the entry and use of the Project Highway by third parties in accordance with and subject to the provisions of this Agreement. Access rights of the Authority Maha-Metro and others The Concessionaire shall allow free access to the Site at all times times, for the authorised representatives and vehicles of the AuthorityMaha-Metro, Senior Lenders, and the Independent Engineer, and for the persons and vehicles duly authorised by any Government Instrumentality to inspect the Project Highway or to investigate any matter within their Authorityauthority, and upon reasonable notice, the Concessionaire shall provide to such persons reasonable assistance necessary to carry out their respective duties and functions. The Concessionaire shall, for the purpose of operation and maintenance of any utility or road specified in Article 11, allow free access to the Site at all times times,, for the authorised persons and vehicles of the controlling body of such utility or road. Property taxes All property taxes on the Site The Property Taxes as and when applicable shall be payable borne solely by the Authority as owner Concessionaire. The annual property tax /municipal tax shall be paid by Concessionaire directly to the local authority. Upon Payment of the Siteproperty taxes/ municipal taxes, the Concessionaire shall promptly submit the receipts of taxes paid to Maha-Metro office. Provided, however, that any such In the event if the Property taxes payable are kept unpaid by the Concessionaire under Applicable Laws for use more than 90 days of the Site due date, the Concessionaire shall not be reimbursed or payable liable to pay penalty of 100% of the amount due. The penalty amount shall be deducted/forfeited from the Performance Security and/or Security Deposit submitted by the Authority. Restriction on sub-letting The Concessionaire shall not sublicense or sublet the whole or any part of the Site, save and except as may be expressly set forth in this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors for the performance of its obligations hereunder including for operation and maintenance of all or any part of the Project HighwayConcessionaire.

Appears in 1 contract

Samples: Concession Agreement

Rights and Title Over the Site. Licensee 45.1 Lessors’ rights For the purpose of this Agreement, the Concessionaire shall have rights to the use of the Site as sole licensee lessee subject to and in accordance with this Agreement and the terms of the Land Lease Agreement, and to this end, it may regulate the entry and use of the Project Highway Medical Facility by third parties in accordance with and subject to the provisions of this Agreement. . 45.2 Access rights of the Authority and others others 45.2.1 The Concessionaire shall allow free access to the Site at all times for the authorised representatives and vehicles of the Authority, Senior Lenders, the Independent Engineer and the Independent EngineerPanel, and for the persons and vehicles duly authorised by any Government Instrumentality to inspect the Project Highway or Medical Facility and to investigate any matter within their Authorityauthority, and upon reasonable notice, the Concessionaire shall provide to such persons reasonable assistance necessary to carry out their respective duties and functions. . 45.2.2 The Concessionaire shall, for the purpose of operation and maintenance of any utility or road specified in Article Clause 11, allow free access to the Site at all times for the authorised persons and vehicles of the controlling body of such utility or road. . 45.3 Property taxes All property taxes on the Site shall be payable by the Authority as owner of the Site. Provided; provided, however, that any such taxes payable by the Concessionaire under Applicable Laws for use of the Site shall not be reimbursed or payable by the Authority. . 45.4 Restriction on sub-letting The Except as specifically permitted under this Agreement, the Concessionaire shall not sublicense sub- lease, license or sublet sub-let the whole or any part of the Site, save and except as may be expressly set forth in this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors for the performance of its obligations hereunder including for operation and maintenance of all or any part of the Project HighwayMedical Facility.

Appears in 1 contract

Samples: Concession Agreement

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Rights and Title Over the Site. Licensee rights For the purpose of this Agreement, the Concessionaire shall have rights to the use of the Site as sole licensee subject to and in accordance with this Agreement, and to this end, it may regulate the entry and use of the Project Highway Storage Facility by third parties in accordance with and subject to the provisions of this Agreement. Access rights of the Authority and others The Concessionaire shall allow free access to the Site at all times for the authorised representatives and vehicles Vehicles of the Authority, Senior Lenders, and the Independent EngineerExpert, and for the persons and vehicles Vehicles duly authorised by any Government Instrumentality to inspect the Project Highway Storage Facility or to investigate any matter within their Authorityauthority, and upon reasonable notice, the Concessionaire shall provide to such persons reasonable assistance necessary to carry out their respective duties and functions. The Concessionaire shall, for the purpose of operation and maintenance of any utility or road specified in Article 11, allow free access to the Site at all times for the authorised persons and vehicles of the controlling body of such utility or road. Property taxes All property taxes Taxes on the Site shall be payable by the Authority as owner of the Site. Provided; provided, however, that any such taxes Taxes payable by the Concessionaire under Applicable Laws for use of the Site shall not be reimbursed or payable by the Authority. Restriction on sub-letting The Concessionaire shall not sublicense or sublet the whole or any part of the SiteStorage Facility, save and except as may be expressly set forth in this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors for the performance of its obligations hereunder including for operation and maintenance of all or any part of the Project HighwayStorage Facility.

Appears in 1 contract

Samples: Concession Agreement

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