Common use of Rights, Title and Use of the Site Clause in Contracts

Rights, Title and Use of the Site. 10.2.1. The Concessionaire shall have the right to the use of the Site in accordance with the provisions of this Agreement. 10.2.2. The Concessionaire shall not part with or create any Encumbrance on the whole or any part of the Site. Save and except as otherwise permitted under this Agreement. 10.2.3. It is expressly agreed that the lease rights granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the ULB to terminate the Land Lease Agreement, upon the expiry of Concession period/Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Concessionaire or its sub- leases, the lease rights in respect of the Site shall automatically terminate, without any further act of the Parties, upon expiry of Concession period/Termination of this Agreement. 10.2.4. The Concessionaire hereby irrevocably appoints the ULB (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease rights granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the ULB. 10.2.5. It is expressly agreed that trees on the Site are property of the ULB except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. The Concessionaire shall allow access to and use of the Site for laying/installing/ maintaining telegraph lines, electric lines, gas lines of the Gas Authority of India Limited or for such other public purposes as the ULB may specify, provided that such access or use shall not result in a Material Adverse Effect to the Concessionaire. 10.2.6. The Concessionaire accepts the Site on an “as is where is” basis and undertakes to bear all risk arising out of the inadequacy or physical condition of the Site.

Appears in 3 contracts

Samples: Concession Agreement, Concession Agreement, Concession Agreement

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Rights, Title and Use of the Site. 10.2.1. (a) The Concessionaire shall have the right to the use of the Site in accordance with the provisions of this Agreement. 10.2.2. (b) The Concessionaire shall not part with or create any Encumbrance on the whole or any part of the Site. Save and except as otherwise permitted under this Agreement. 10.2.3. (c) It is expressly agreed that the lease rights granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Lead ULB to terminate the Land Lease Agreement, upon the expiry of Concession period/Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Concessionaire or its sub- sub-leases, the lease rights in respect of the Site shall automatically terminate, without any further act of the Parties, upon expiry of Concession period/Termination of this Agreement. 10.2.4. (d) The Concessionaire hereby irrevocably appoints the Lead ULB (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease rights granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Lead ULB. 10.2.5. (e) It is expressly agreed that trees on the Site are property of the Lead ULB except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. The Concessionaire shall allow access to and use of the Site for laying/laying/ installing/ maintaining telegraph lines, electric lines, gas lines of the Gas Authority of India Limited or for such other public purposes as the Lead ULB may specify, specify provided that such access or use shall not result in a Material Adverse Effect to the Concessionaire. 10.2.6. (f) The Concessionaire accepts the Site on an “as is where is” basis and undertakes to bear all risk arising out of the inadequacy or physical condition of the Site.

Appears in 2 contracts

Samples: Concession Agreement, Concession Agreement

Rights, Title and Use of the Site. 10.2.1. ‌ (a) The Concessionaire shall have the right to the use of the Site in accordance with the provisions of this Agreement. 10.2.2. (b) The Concessionaire shall not part with or create any Encumbrance on the whole or any part of the Site. Save and except as otherwise permitted under this Agreement. 10.2.3. (c) It is expressly agreed that the lease rights granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the Lead ULB to terminate the Land Lease Agreement, upon the expiry of Concession period/Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Concessionaire or its sub- sub-leases, the lease rights in respect of the Site shall automatically terminate, without any further act of the Parties, upon expiry of Concession period/Termination of this Agreement. 10.2.4. (d) The Concessionaire hereby irrevocably appoints the Lead ULB (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease rights granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the Lead ULB. 10.2.5. (e) It is expressly agreed that trees on the Site are property of the Lead ULB except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. The Concessionaire shall allow access to and use of the Site for laying/laying/ installing/ maintaining telegraph lines, electric lines, gas lines of the Gas Authority of India Limited or for such other public purposes as the Lead ULB may specify, specify provided that such access or use shall not result in a Material Adverse Effect to the Concessionaire. 10.2.6. (f) The Concessionaire accepts the Site on an “as is where is” basis and undertakes to bear all risk arising out of the inadequacy or physical condition of the Site.

Appears in 1 contract

Samples: Concession Agreement

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Rights, Title and Use of the Site. 10.2.1. a) The Concessionaire shall have the right to the use of the Site in accordance with the provisions of this Agreement. 10.2.2. b) The Concessionaire shall not part with or create any Encumbrance on the whole or any part of the Site. Save and except as otherwise permitted under this Agreement. 10.2.3. c) The Concessionaire shall not, without the prior written approval of the Authority, use the Project Facilities for any purpose other than for the purpose of the Project and purpose incidental or ancillary thereto. d) It is expressly agreed that the lease rights granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by the ULB Authority to terminate the Land Lease Agreement, upon the expiry of Concession period/Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Concessionaire or its sub- leasessub-leasees, the lease rights in respect of the Site shall automatically terminate, without any further act of the Parties, upon expiry of Concession period/Termination of this Agreement. 10.2.4. e) The Concessionaire hereby irrevocably appoints the ULB Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease rights granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly authorised officer of the ULBAuthority. 10.2.5. f) It is expressly agreed that trees on the Site are property of the ULB Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. The Concessionaire shall allow access to and use of the Site for laying/laying/ installing/ maintaining telegraph lines, electric lines, gas lines of the Gas Authority of India Limited or for such other public purposes as the ULB Authority may specify, specify provided that such access or use shall not result in a Material Adverse Effect to the Concessionaire.. - 10.2.6. g) The Concessionaire accepts the Site on an “as is where is” basis and undertakes to bear all risk arising out of the inadequacy or physical condition of the Site.

Appears in 1 contract

Samples: Concession Agreement

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