Common use of Rights, Title and Use of the Project Sites and BQS Clause in Contracts

Rights, Title and Use of the Project Sites and BQS. (a) The Concessionaire shall have the right to access and use of the BQS / Project Site(s) in accordance with the provisions of this Agreement and for this purpose it may regulate the entry and use of the same by third parties at their own cost. (b) All the right, title and interest in the BQSs /Project Site(s) shall continue to vest with the respective Government Agency or DTIDCL as the case may be. (c) The Concessionaire shall not create or vest title to the whole or any part of the Project Facility with any third party (including but not limited to by way of sale, lease, power-of-attorney or any other mechanism). (d) The Concessionaire shall not part with or create any Encumbrance on the whole or any part of the BQS/Project Site(s), save and except as set forth and permitted under this Agreement. (e) The Concessionaire shall not without the prior written consent or approval of DTIDCL use the BQS/Project Site(s) for any purpose other than for the purpose of the Project. (f) The Concessionaire shall allow access to and use of the BQS/Project Site(s) for laying/ installing/ maintaining telegraph lines, electric lines or for such other public purposes as DTIDCL may specify. Provided that such access or use shall not result in a Material Adverse Effect and that DTIDCL shall, in the event of any physical damage to the Project Site/ Project Facility/ on account thereof, ensure that the Project Site(s)/ Project Facility is promptly restored at its cost and expenses. Provided further, that to the extent such access and use allowed by the Concessionaire affects the performance of any of its obligations hereunder, the Concessionaire shall not be deemed or construed to be in breach of its obligations nor shall it incur/ suffer any liability on account thereof. (g) The Concessionaire shall have the right to select contractors and sub-contractors to discharge its obligations under this Agreement and to enable the implementation of the Project, in accordance with and subject to the provisions of this Agreement.

Rights, Title and Use of the Project Sites and BQS. (a) The Concessionaire shall have the right to access and use of the Bus Queue Shelters comprising the BQS / Cluster as set out in Schedule 1/ Project Site(s) in accordance with the provisions of this Agreement and for this purpose it may regulate the entry and use of the same by third parties at their own cost. (b) All the right, title and interest in the BQSs Bus Queue Shelters comprising the BQS Cluster as set out in Schedule 1 /Project Site(s) shall continue to vest with the respective Government Agency or DTIDCL as the case may beGMCBL. (c) The Concessionaire shall not create or vest title to the whole or any part of the Project Facility with any third party (including but not limited to by way of sale, lease, power-of-of- attorney or any other mechanism). (d) The Concessionaire shall not part with or create any Encumbrance encumbrance on the whole or any part of the BQSBus Queue Shelters comprising the BQS Cluster as set out in Schedule 1/Project Site(s), save and except as set forth and permitted under this Agreement. (e) The Concessionaire shall not without the prior written consent or approval of DTIDCL GMCBL use the BQSBus Queue Shelters comprising the BQS Cluster as set out in Schedule 1/Project Site(s) for any purpose other than for the purpose of the Project. (f) The Concessionaire shall allow access to and use of the BQSBus Queue Shelters comprising the BQS Cluster as set out in Schedule 1/Project Site(s) for laying/ installing/ maintaining telegraph lines, optical fibre cables, CCTV cameras, electric lines or for such other public purposes as DTIDCL GMCBL may specify. Provided that such access or use shall not result in a Material Adverse Effect and that DTIDCL GMCBL shall, in the event of any physical damage to the Project Site/ Project Facility/ on account thereof, ensure that the Project Site(s)/ Project Facility is promptly restored at its Concessionaire cost and expenses. Provided further, that to the extent such access and use allowed by the Concessionaire affects the performance of any of its obligations hereunder, the Concessionaire shall not be deemed or construed to be in breach of its obligations nor shall it incur/ suffer any liability on account thereof. (g) The Concessionaire shall have the right to select contractors and sub-contractors to discharge its obligations under this Agreement and to enable the implementation of the Project, in accordance with and subject to the provisions of this Agreement. h) The concessionaire shall have the right to select advertisements for the purpose of display of advertisements subject to terms of this Agreement and Haryana Municipal Corporation Advertisement Bye Laws 2018 as amended from the time to time. The Concessionaire shall not sub-let the work of advertisement to another advertiser.