Rights of the Concessionaire. The rights and remedies of the Concessionaire in the VGF Grant, including in any balance thereof awaiting disbursement to the Concessionaire, are set forth in their entirety in this Agreement and the Lead Institution and the Concessionaire shall have no other rights or remedy against or to such VGF Grant including in any balance thereof awaiting disbursement to the Concessionaire.
Rights of the Concessionaire. Without any direct or indirect interference from FBR, the Concessionaire shall have, inter-alia, the following rights:
(a) Call for tenders and award contracts for the Project, with or without tender, provided the chosen contractors of Concessionaire are Acceptable Contractors;
(b) Arrange for the site preparation activities and the preparation of all design and engineering plans required for the Project; approve or reject equipment, facilities and other materials required for the Works;
(c) Appoint and remove consultants and professional advisers;
(d) Purchase materials, equipment and facilities;
(e) Appoint, organize and direct staff, to implement, manage and supervise the Project;
(f) Enter into contracts for the supply of goods, works and services;
(g) Enter into the Project Agreements and provide executed copies of the same to FBR;
(h) Enter into lease contracts; and
(i) Generally, do and perform such acts and things necessary or desirable for the completion of the Project in accordance with the specifications contained in this Agreement, in accordance with generally accepted performance standards, and the Project Completion Schedule, and for the efficient management and operation of the Project.
Rights of the Concessionaire. 10.1.1 Pursuant to grant of Concession and in consideration of grant of lease of the Seabed in accordance with the SEABED Lease Deed, the Concessionaire shall have the right to regulate the entry into and use of the Seabed in accordance with the SEABED Lease Deed.
10.1.2 The Concessionaire accepts the Seabed on an “as is where is” basis and undertakes to bear all risk arising out of the inadequacy or physical condition of the Seabed and confirms having inspected the Seabed and:
(i) satisfied itself of the Seabed conditions and the nature of the design, work and material necessary for the performance of its obligations under this Agreement;
(ii) satisfied itself as to the means of communication with, access to and accommodation on the Seabed that it may require or as may otherwise be necessary for the performance of its obligations under this Agreement;
(iii) obtained for itself all necessary information as to the risks, contingencies and all other circumstances which may influence or affect the Concessionaire and its rights and obligations under or pursuant to this Agreement;
(iv) after a complete and careful examination, made an independent evaluation of the Seabed as a whole and has determined the nature and extent of the difficulties, upgradations, inputs, costs, time and resources, risks and hazards that are likely to arise or may be faced by it in the course of the performance of its obligations under this Agreement. The Concessionaire further acknowledges that it shall have no recourse to the Concessioning Authority if it is, at a later date, found that the Seabed is deficient in any manner that prevents the discharge of Concessionaire’s obligations under this Agreement (“Deficiency”). If a Deficiency is found, the Concessionaire hereby acknowledges that it shall, at its own cost and expense take all appropriate measures to remedy the same. It is hereby clarified that the Concessioning Authority shall not bear any expenses in relation to any Deficiency.
10.1.3 The Concessionaire acknowledges that it shall have no recourse against the Concessioning Authority in the event of any mistake made or misapprehension harboured by the Concessionaire in relation to any of the foregoing provisions in this Clause and the Concessioning Authority hereby expressly disclaims any liability in respect thereof.
10.1.4 The Parties hereto agree that on or prior to the Appointed Date, the Concessioning Authority shall have granted vacant possession of the entire Seabed to ...
Rights of the Concessionaire. During the Term, the Concessionaire shall be entitled to:
(a) destroy or dispose of any unclaimed cargo and deduct from any sales proceeds received from the disposal of such cargo any Tariffs due to it relating to such cargo; and
(b) institute proceedings for recovery of unrealised Tariffs, if any, or defend any claim made in respect of such cargo by the consignee or owners against the Concessionaire.
