Common use of Shifting of obstructing utilities Clause in Contracts

Shifting of obstructing utilities. The Licensee shall, subject to Applicable Laws and with assistance of the Licensor, undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location or alignment within or outside the Project Site if and only if such utility causes or shall cause a Material Adverse Effect on the construction, operation or maintenance of the Project. The cost of such shifting shall be borne by the Licensor or by the entity owning such utility, if the Licensor so directs, and in the event of any delay in shifting thereof, the Licensee shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. New utilities and roads The Licensee shall allow, subject to such conditions as the Licensor may specify, access to, and use of the Project Site for laying telephone lines, water pipes, electric cables or other public utilities. Where such access or use causes any financial loss to the Licensee, it may require the user of the Project Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Project Site under this Clause shall not in any manner relieve the Licensee of its obligation to maintain the Project in accordance with this Agreement and any damage caused by such use shall be restored forthwith. Felling of trees The Licensor shall assist the Licensee in obtaining the Applicable Permits for felling of trees to be identified by the Licensor for this purpose if and only if such trees cause a Material Adverse Effect on the construction, operation or maintenance of the Project. The cost of such felling shall be borne by the Licensor, and in the event of any delay in felling thereof for reasons beyond the control of the Licensee, it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees. For the avoidance of doubt, the Parties hereto agree that the felled trees shall be deemed to be owned by the Licensor and shall be disposed in such manner and subject to such conditions as the Licensor may in its sole discretion deem appropriate.

Shifting of obstructing utilities. The Licensee Concessionaire shall, subject to Applicable Laws and with assistance of the LicensorAuthority, undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location or alignment within or outside the Project Site if and only if such utility causes or shall cause a Material Adverse Effect material adverse effect on the construction, operation or maintenance of the ProjectProject Highway. The cost of such shifting shall be borne by the Licensor Authority or by the entity owning such utility, if the Licensor Authority so directs, and in the event of any delay in shifting thereof, the Licensee Concessionaire shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of any delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. New utilities and roads The Licensee Concessionaire shall allow, subject to such conditions as the Licensor Authority may specify, access to, and use of the Project Site for laying telephone lines, water pipes, electric cables or such other public utilities. Where such access or use causes any financial loss to the LicenseeConcessionaire, it may require the user of the Project Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Project Site under this Clause shall not in any manner relieve the Licensee Concessionaire of its obligation to maintain the Project Highway in accordance with this Agreement and any damage caused by such use shall be restored forthwith. In case the Authority requires the connection of any adjoining road to the Project Highway or to connect, through a paved road, any adjoining service station, hotel, motel or any other public facility or amenity to the Project Highway, it shall issue to the Concessionaire a notice specifying in reasonable detail the works required thereunder and notwithstanding anything to the contrary contained in this Article, the provisions of Article 21 shall apply to such request of the Authority. It is also agreed that the Concessionaire shall provide access, assistance and cooperation to the person who undertakes the works or services hereunder as per good industry practice. The works undertaken in accordance with this Clause shall be carried out in a manner that minimizes the disruption in operation of the Project Highway. For the avoidance of doubt and in case the works required under this Clause are undertaken by the Concessionaire, the construction and maintenance thereof shall be at the Authority's cost, in accordance with the provisions of Clause 15.1.3. For the avoidance of doubt, any connecting road constructed prior to the Appointed Date and falling within the Site shall be maintained by the Concessionaire upon advance payment to be made by the beneficiary entity in accordance with the provisions of this Clause. Felling of trees The Licensor Authority shall assist the Licensee Concessionaire in obtaining the Applicable Permits for felling of trees to be identified by the Licensor Authority for this purpose if and only if such trees cause a Material Adverse Effect material adverse effect on the construction, operation or maintenance of the ProjectProject Highway. The cost of such felling shall be borne by the LicensorAuthority, and in the event of any delay in felling thereof for reasons beyond the control of the LicenseeConcessionaire, it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees. For the avoidance of doubt, the Parties hereto agree that the felled trees shall be deemed to be owned by the Licensor Authority and shall be disposed in such manner and subject to such conditions as the Licensor Authority may in its sole discretion deem appropriate.

Shifting of obstructing utilities. The Licensee Concessionaire shall, subject to Applicable Laws and with assistance of the LicensorAuthority, undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location or alignment within or r outside the Project Site if and only if such utility causes or shall cause a Material Adverse Effect material adverse effect on the construction, operation or maintenance of the ProjectProject Highway. The cost of such shifting shall be borne by the Licensor Authority or by the entity owning such utility, if the Licensor Authority so directs, and in the event of any delay in shifting thereof, the Licensee Concessionaire shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of any delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be. New utilities and roads The Licensee Concessionaire shall allow, subject to such conditions as the Licensor Authority may specify, access to, and use of the Project Site site for laying telephone lines, water pipes, electric cables or such other public utilities. Where such access or use causes any financial loss to the LicenseeConcessionaire, it may require the user of the Project Site to pay compensation or damages as per Applicable Laws. For the avoidance of doubt, it is agreed that use of the Project Site under this Clause shall not in any manner relieve the Licensee Concessionaire of its obligation to maintain the Project Highway in accordance with this Agreement and any damage caused by such use shall be restored forthwith. Felling of trees The Licensor shall assist In case the Licensee in obtaining Authority requires the Applicable Permits for felling of trees to be identified by the Licensor for this purpose if and only if such trees cause a Material Adverse Effect on the construction, operation or maintenance of the Project. The cost of such felling shall be borne by the Licensor, and in the event connection of any delay in felling thereof for reasons beyond adjoining road to the control of Project Highway or to connect, through a paved road, any adjoining service station, hotel, motel or any other public facility or amenity to the LicenseeProject Highway, it shall issue to the Concessionaire a notice specifying in reasonable detail the works required thereunder and notwithstanding anything to the contrary contained in this Article, the provisions of Article 21 shall apply to such request of the Authority. It is also agreed that the Concessionaire shall provide access, assistance and cooperation to the person who undertakes the works or services hereunder as per good industry practice. The works undertaken in accordance with this Clause shall be excused for failure to perform any carried out in a manner that minimizes the disruption in operation of its obligations hereunder if such failure is a direct consequence of delay in the felling of treesProject Highway. For the avoidance of doubt, any connecting road constructed prior to the Parties hereto agree that Appointed Date and falling within the felled trees Site shall be deemed maintained by the Concessionaire upon advance payment to be owned made by the Licensor beneficiary entity in accordance with the provisions of this Clause. For the avoidance of doubt, any connecting road constructed prior to the appointed Date and falling within the Site shall be disposed maintained by the concessionaire upon advance payment to be made by the beneficiary entity in such manner and subject to such conditions as accordance with the Licensor may in its sole discretion deem appropriateprovisions of this Clause.