Site Related Covenants. The Concessionaire agrees and undertakes that: (a) the Concessionaire shall not transfer, alienate, assign, dispose of, sub-license or create any Security over any part of the Site or its rights and interest in the Site, other than as specifically permitted under this Agreement; (b) the Concessionaire shall not allow any encroachment on, or unauthorized occupation of any part of the Site and in the event of any encroachment or unauthorized occupation, the Concessionaire shall immediately cause such encroachment or any unauthorized occupants to be removed from the Site. The Concessionaire shall not be entitled to any extension of time or costs incurred in removal of any encroachment or any unauthorized occupants from the Site where such encroachment or unauthorized occupation occurs after the date on which the Site is handed over to the Concessionaire in accordance with Clause 10.2(b); (c) the Concessionaire shall not use the Site for any purpose unconnected with the Project; (d) the grant of any rights to a Subcontractor or any other third party shall not interfere with or hinder the performance of the Concessionaire’s obligations under this Agreement; (e) the Concessionaire shall be wholly responsible for safety at and security of the Site and the Project Facilities; (f) the Concessionaire shall take all necessary measures to confine its operations, personnel and equipment to the Site and not encroach on any Adjoining Property; (g) all minerals, fossils, articles of value or antiquity, structures and other remains or things of geological or archaeological interest and other objects with historic, antique or monetary value discovered at, on or under the Site shall be dealt with in accordance with Applicable Laws and the Concessionaire shall take all necessary precautions to prevent its or its Subcontractor’s personnel from removing or damaging any such article or thing. Further, immediately upon the discovery of any such article or thing of value, the Concessionaire shall inform the Authority of such discovery and carry out the instructions of the Authority in this regard; (h) the Concessionaire shall make good any damage to any roads, footpaths, conduits, and other works on any Adjoining Property, which is caused by the Concessionaire or the Concessionaire Related Parties; and (i) the Concessionaire shall use all reasonable endeavours not to do or permit to be done anything which might: (i) cause destruction, scarring or defacing of natural surroundings in the vicinity of the Site; (ii) be or become a danger or nuisance or give rise to liability in tort to any owners or occupiers of the Adjoining Property or to members of the public; or (iii) cause any contamination or damage to any Adjoining Property, and the Concessionaire shall, at its own expense, take all reasonable measures and precautions to avoid any such danger, nuisance, tort, damage or interference and shall make good any damage so caused. If the construction works and/or the O&M services cannot be carried out without interfering with the rights of the owner or occupier of any Adjoining Property, the Concessionaire shall promptly and at its own cost obtain all necessary third party consents and/or the approval of any Government Authority to undertake such construction works and/or the O&M services. The Authority shall provide all assistance to the Concessionaire for procuring such approvals.
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
Site Related Covenants. The Concessionaire agrees and undertakes that:
(a) the Concessionaire shall not transfer, alienate, assign, dispose of, sub-license or create any Security over any part of the Site or its rights and interest in the Site, other than as specifically permitted under this Agreement;
(b) the Concessionaire shall not allow any encroachment on, or unauthorized occupation of any part of the Site and in the event of any encroachment or unauthorized occupation, the Concessionaire shall immediately cause such encroachment or any unauthorized occupants to be removed from the Site. The Concessionaire shall not be entitled to any extension of time or costs incurred in removal of any encroachment or any unauthorized occupants from the Site where such encroachment or unauthorized occupation occurs after the date on which the Site is handed over to the Concessionaire in accordance with Clause 10.2(b)Site;
(c) the Concessionaire shall not use the Site for any purpose unconnected with the Project;
(d) the grant of any rights to a Subcontractor or any other third party shall not interfere with or hinder the performance of the Concessionaire’s 's obligations under this Agreement;
(ed) the Concessionaire shall be wholly responsible for safety at and security of the Site Site, the Facilities and the Project FacilitiesAssociated Infrastructure;
(fe) the Concessionaire shall take all necessary measures to confine its operations, personnel and equipment to the Site and not encroach on any Adjoining Property;
(gf) all minerals, fossils, articles of value or antiquity, structures and other remains or things of geological or archaeological interest and other objects with historic, antique or monetary value discovered at, on or under the Site shall be dealt with in accordance with Applicable Laws and the Concessionaire shall take all necessary precautions to prevent its or its Subcontractor’s 's personnel from removing or damaging any such article or thing. Further, immediately upon the discovery of any such article or thing of value, the Concessionaire shall inform the Authority Jal Xxxxx of such discovery and carry out the instructions of the Authority Jal Xxxxx in this regard;
(hg) the Concessionaire shall make good any damage to any roads, footpaths, conduits, and other works on any Adjoining Property, which is caused by the Concessionaire or the Concessionaire Related Parties; and;
(ih) the Concessionaire shall use all reasonable endeavours not to do or permit to be done anything which might:
(i) cause destruction, scarring or defacing of natural surroundings in the vicinity of the Site;
(ii) be or become a danger or nuisance or give rise to liability in tort to any owners or occupiers of the Adjoining Property or to members of the public; or
(iii) cause any contamination or damage to any Adjoining Property, and the Concessionaire shall, at its own expense, take all reasonable measures and precautions to avoid any such danger, nuisance, tort, damage or interference and shall make good any damage so caused. If the construction and/or rehabilitation works and/or the O&M services cannot be carried out without interfering with the rights of the owner or occupier of any Adjoining Adjacent Property, the Concessionaire shall promptly and at its own cost obtain all necessary third party consents and/or the approval of any Government Authority to undertake such construction construction/rehabilitation works and/or the O&M services. The Authority Jal Xxxxx shall provide all assistance to the Concessionaire for procuring such approvals.
Appears in 1 contract
Samples: Concession Agreement
Site Related Covenants. The Concessionaire agrees and undertakes that:
(a) the Concessionaire shall not transfer, alienate, assign, dispose of, sub-license or create any Security over any part of the Site or its rights and interest in the Site, other than as specifically permitted under this Agreement;
(b) the Concessionaire shall not allow any encroachment on, or unauthorized occupation of any part of the Site and in the event of any encroachment or unauthorized occupation, the Concessionaire shall immediately cause such encroachment or any unauthorized occupants to be removed from the Site. The Concessionaire shall not be entitled to any extension of time or costs incurred in removal of any encroachment or any unauthorized occupants from the Site where such encroachment or unauthorized occupation occurs after the date on which the Site is handed over to the Concessionaire in accordance with Clause 10.2(b)Site;
(c) the Concessionaire shall not use the Site for any purpose unconnected with the Project;
(d) the grant of any rights to a Subcontractor or any other third party shall not interfere with or hinder the performance of the Concessionaire’s 's obligations under this Agreement;
(ed) the Concessionaire shall be wholly responsible for safety at and security of the Site and the Project Facilities;
(fe) the Concessionaire shall take all necessary measures to confine its operations, personnel and equipment to the Site and not encroach on any Adjoining Property;
(gf) all minerals, fossils, articles of value or antiquity, structures and other remains or things of geological or archaeological interest and other objects with historic, antique or monetary value discovered at, on or under the Site shall be dealt with in accordance with Applicable Laws and the Concessionaire shall take all necessary precautions to prevent its or its Subcontractor’s 's personnel from removing or damaging any such article or thing. Further, immediately upon the discovery of any such article or thing of value, the Concessionaire shall inform the Authority Jal Xxxxx of such discovery and carry out the instructions of the Authority Jal Xxxxx in this regard;
(hg) the Concessionaire shall make good any damage to any roads, footpaths, conduits, and other works on any Adjoining Property, which is caused by the Concessionaire or the Concessionaire Related Parties; and;
(ih) the Concessionaire shall use all reasonable endeavours not to do or permit to be done anything which might:
(i) cause destruction, scarring or defacing of natural surroundings in the vicinity of the Site;
(ii) be or become a danger or nuisance or give rise to liability in tort to any owners or occupiers of the Adjoining Property or to members of the public; or
(iii) cause any contamination or damage to any Adjoining Property, and the Concessionaire shall, at its own expense, take all reasonable measures and precautions to avoid any such danger, nuisance, tort, damage or interference and shall make good any damage so caused. If the construction works and/or the O&M services cannot be carried out without interfering with the rights of the owner or occupier of any Adjoining Adjacent Property, the Concessionaire shall promptly and at its own cost obtain all necessary third party consents and/or the approval of any Government Authority to undertake such construction works and/or the O&M services. The Authority Jal Xxxxx shall provide all assistance to the Concessionaire for procuring such approvals.
Appears in 1 contract
Samples: Concession Agreement
Site Related Covenants. The Concessionaire agrees and undertakes that:
(a) the Concessionaire shall not transfer, alienate, assign, dispose of, sub-license or create any Security over any part of any of the Site Sites or its rights and interest in any of the SiteSites, other than as specifically permitted under this Agreement;
(b) the Concessionaire shall not allow any encroachment on, or unauthorized occupation of any part of any of the Site Sites and in the event of any encroachment or unauthorized occupation, the Concessionaire shall immediately cause such encroachment or any unauthorized occupants to be removed from the Site. The Concessionaire shall not be entitled to any extension of time or costs incurred in removal of any encroachment or any unauthorized occupants from any of the Site where such encroachment or unauthorized occupation occurs after the date on which the Site is handed over to the Concessionaire in accordance with Clause 10.2(b)Sites;
(c) the Concessionaire shall not use the Site for any purpose unconnected with the Project;
(d) the grant of any rights to a Subcontractor or any other third party shall not interfere with or hinder the performance of the Concessionaire’s 's obligations under this Agreement;
(ed) the Concessionaire shall be wholly responsible for safety at and security of all the Site and the Project Facilities;
(fe) the Concessionaire shall take all necessary measures to confine its operations, personnel and equipment to each of the Site Sites and not encroach on any Adjoining Property;
(gf) all minerals, fossils, articles of value or antiquity, structures and other remains or things of geological or archaeological interest and other objects with historic, antique or monetary value discovered at, on or under any of the Site Sites shall be dealt with in accordance with Applicable Laws and the Concessionaire shall take all necessary precautions to prevent its or its Subcontractor’s 's personnel from removing or damaging any such article or thing. Further, immediately upon the discovery of any such article or thing of value, the Concessionaire shall inform the Authority KMC of such discovery and carry out the instructions of the Authority KMC in this regard;
(hg) the Concessionaire shall make good any damage to any roads, footpaths, conduits, and other works on any Adjoining Property, which is caused by the Concessionaire or the Concessionaire Related Parties; and;
(ih) the Concessionaire shall use all reasonable endeavours endeavour not to do or permit to be done anything which might:
(i) cause destruction, scarring or defacing of natural surroundings in the vicinity of any of the SiteSites;
(ii) be or become a danger or nuisance or give rise to liability in tort to any owners or occupiers of the Adjoining Property or to members of the public; or
(iii) cause any contamination or damage to any Adjoining Property, and the Concessionaire shall, at its own expense, take all reasonable measures and precautions to avoid any such danger, nuisance, tort, damage or interference and shall make good any damage so caused. If the construction construction/renovation works and/or the O&M services cannot be carried out without interfering with the rights of the owner or occupier of any Adjoining Adjacent Property, the Concessionaire shall promptly and at its own cost obtain all necessary third third-party consents and/or the approval of any Government Authority authority to undertake such construction construction/renovation works and/or the O&M services. The Authority KMC shall provide all reasonable assistance to the Concessionaire for procuring such approvals.
Appears in 1 contract
Samples: Concession Agreement
Site Related Covenants. The Concessionaire agrees and undertakes that:: 44 Drafting Note: To be deleted if no Grant is payable and, therefore, there are no Project Milestones.
(a) the Concessionaire shall not transfer, alienate, assign, dispose of, sub-license or create any Security over any part of the Site or its rights and interest in the Site, other than as specifically permitted under this Agreement;
(b) the Concessionaire shall not allow any encroachment on, or unauthorized occupation of any part of the Site and in the event of any encroachment or unauthorized occupation, the Concessionaire shall immediately cause such encroachment or any unauthorized occupants to be removed from the Site. The Concessionaire shall not be entitled to any extension of time or costs incurred in removal of any encroachment or any unauthorized occupants from the Site where such encroachment or unauthorized occupation occurs after the date on which the Site is handed over to the Concessionaire in accordance with Clause 10.2(b);
(c) the Concessionaire shall not use the Site for any purpose unconnected with the Project;
(d) the grant of any rights to a Subcontractor or any other third party shall not interfere with or hinder the performance of the Concessionaire’s obligations under this Agreement;
(e) the Concessionaire shall be wholly responsible for safety at and security of the Site and the Project Facilities;
(f) the Concessionaire shall take all necessary measures to confine its operations, personnel and equipment to the Site and not encroach on any Adjoining Property;
(g) all minerals, fossils, articles of value or antiquity, structures and other remains or things of geological or archaeological interest and other objects with historic, antique or monetary value discovered at, on or under the Site shall be dealt with in accordance with Applicable Laws and the Concessionaire shall take all necessary precautions to prevent its or its Subcontractor’s personnel from removing or damaging any such article or thing. Further, immediately upon the discovery of any such article or thing of value, the Concessionaire shall inform the Authority of such discovery and carry out the instructions of the Authority in this regard;
(h) the Concessionaire shall make good any damage to any roads, footpaths, conduits, and other works on any Adjoining Property, which is caused by the Concessionaire or the Concessionaire Related Parties; and
(i) the Concessionaire shall use all reasonable endeavours not to do or permit to be done anything which might:
(i) cause destruction, scarring or defacing of natural surroundings in the vicinity of the Site;
(ii) be or become a danger or nuisance or give rise to liability in tort to any owners or occupiers of the Adjoining Property or to members of the public; or
(iii) cause any contamination or damage to any Adjoining Property, and the Concessionaire shall, at its own expense, take all reasonable measures and precautions to avoid any such danger, nuisance, tort, damage or interference and shall make good any damage so caused. If the construction works and/or the O&M services cannot be carried out without interfering with the rights of the owner or occupier of any Adjoining Property, the Concessionaire shall promptly and at its own cost obtain all necessary third party consents and/or the approval of any Government Authority to undertake such construction works and/or the O&M services. The Authority shall provide all assistance to the Concessionaire for procuring such approvals.
Appears in 1 contract
Samples: Concession Agreement
Site Related Covenants. The Concessionaire agrees and undertakes that:
(a) the Concessionaire shall not transfer, alienate, assign, dispose of, sub-license or create any Security over any part of the Site or its rights and interest in the Site, other than as specifically permitted under this Agreement;
(b) the Concessionaire shall not allow any encroachment on, or unauthorized occupation of any part of the Site and in the event of any encroachment or unauthorized occupation, the Concessionaire shall immediately cause such encroachment or any unauthorized occupants to be removed from the Site. The Concessionaire shall not be entitled to any extension of time or costs incurred in removal of any encroachment or any unauthorized occupants from the Site where such encroachment or unauthorized occupation occurs after the date on which the Site is handed over to the Concessionaire in accordance with Clause 10.2(b)Site;
(c) the Concessionaire shall not use the Site for any purpose unconnected with the Project;
(d) the grant of any rights to a Subcontractor or any other third party shall not interfere with or hinder the performance of the Concessionaire’s 's obligations under this Agreement;
(ed) the Concessionaire shall be wholly responsible for safety at and security of the Site and the Project Facilities;
(fe) the Concessionaire shall take all necessary measures to confine its operations, personnel and equipment to the Site and not encroach on any Adjoining Property;
(gf) all minerals, fossils, articles of value or antiquity, structures and other remains or things of geological or archaeological interest and other objects with historic, antique or monetary value discovered at, on or under the Site shall be dealt with in accordance with Applicable Laws and the Concessionaire shall take all necessary precautions to prevent its or its Subcontractor’s 's personnel from removing or damaging any such article or thing. Further, immediately upon the discovery of any such article or thing of value, the Concessionaire shall inform the Authority Executive Agency of such discovery and carry out the instructions of the Authority Executive Agency in this regard;
(hg) the Concessionaire shall make good any damage to any roads, footpaths, conduits, and other works on any Adjoining Property, which is caused by the Concessionaire or the Concessionaire Related Parties; and;
(ih) the Concessionaire shall use all reasonable endeavours not to do or permit to be done anything which might:
(i) cause destruction, scarring or defacing of natural surroundings in the vicinity of the Site;
(ii) (iii) (ii) be or become a danger or nuisance or give rise to liability in tort to any owners or occupiers of the Adjoining Property or to members of the public; or
(iii) cause any contamination or damage to any Adjoining Property, and the Concessionaire shall, at its own expense, take all reasonable measures and precautions to avoid any such danger, nuisance, tort, damage or interference and shall make good any damage so caused. If the construction works and/or the O&M services cannot be carried out without interfering with the rights of the owner or occupier of any Adjoining Adjacent Property, the Concessionaire shall promptly and at its own cost obtain all necessary third party consents and/or the approval of any Government Authority to undertake such construction works and/or the O&M services. The Authority Executive Agency shall provide all assistance to the Concessionaire for procuring such approvals.
Appears in 1 contract
Samples: Concession Agreement
Site Related Covenants. The Concessionaire agrees and undertakes that:
(a) the Concessionaire shall not transfer, alienate, assign, dispose of, sub-license or create any Security over any part of the Site or its rights and interest in the Site, other than as specifically permitted under this Agreement;
(b) the Concessionaire shall not allow any encroachment on, or unauthorized occupation of any part of the Site and in the event of any encroachment or unauthorized occupation, the Concessionaire shall immediately cause such encroachment or any unauthorized occupants to be removed from the Site. The Concessionaire shall not be entitled to any extension of time or costs incurred in removal of any encroachment or any unauthorized occupants from the Site where such encroachment or unauthorized occupation occurs after the date on which the Site is handed over to the Concessionaire in accordance with Clause 10.2(b)Site;
(c) the Concessionaire shall not use the Site for any purpose unconnected with the Project;
(d) the grant of any rights to a Subcontractor or any other third party shall not interfere with or hinder the performance of the Concessionaire’s 's obligations under this Agreement;
(ed) the Concessionaire shall be wholly responsible for safety at and security of the Site and the Project Facilities;
(fe) the Concessionaire shall take all necessary measures to confine its operations, personnel and equipment to the Site and not encroach on any Adjoining Property;
(gf) all minerals, fossils, articles of value or antiquity, structures and other remains or things of geological or archaeological interest and other objects with historic, antique or monetary value discovered at, on or under the Site shall be dealt with in accordance with Applicable Laws and the Concessionaire shall take all necessary precautions to prevent its or its Subcontractor’s 's personnel from removing or damaging any such article or thing. Further, immediately upon the discovery of any such article or thing of value, the Concessionaire shall inform the Authority Jal Xxxxx of such discovery and carry out the instructions of the Authority Jal Xxxxx in this regard;
(hg) the Concessionaire shall make good any damage to any roads, footpaths, conduits, and other works on any Adjoining Property, which is caused by the Concessionaire or the Concessionaire Related Parties; and;
(ih) the Concessionaire shall use all reasonable endeavours not to do or permit to be done anything which might:
(i) cause destruction, scarring or defacing of natural surroundings in the vicinity of the Site;
(ii) be or become a danger or nuisance or give rise to liability in tort to any owners or occupiers of the Adjoining Property or to members of the public; or
(iii) cause any contamination or damage to any Adjoining Property, and the Concessionaire shall, at its own expense, take all reasonable measures and precautions to avoid any such danger, nuisance, tort, damage or interference and shall make good any damage so caused. If the construction construction/rehabilitation works and/or the O&M services cannot be carried out without interfering with the rights of the owner or occupier of any Adjoining Adjacent Property, the Concessionaire shall promptly and at its own cost obtain all necessary third party consents and/or the approval of any Government Authority to undertake such construction construction/rehabilitation works and/or the O&M services. The Authority Jal Xxxxx shall provide all assistance to the Concessionaire for procuring such approvals.
Appears in 1 contract
Samples: Concession Agreement
Site Related Covenants. The Concessionaire agrees and undertakes that:
(a) the Concessionaire shall not transfer, alienate, assign, dispose of, sub-license or create any Security over any part of the STP Site or its rights and interest in the STP Site, other than as specifically permitted under this Concession Agreement;
(b) the Concessionaire shall not allow any encroachment on, or unauthorized occupation of any part of the STP Site and in the event of any encroachment or unauthorized occupation, the Concessionaire shall immediately cause such encroachment or any unauthorized occupants to be removed from the STP Site. The Concessionaire shall not be entitled to any extension of time or costs incurred in removal of any encroachment or any unauthorized occupants from the Site where such encroachment or unauthorized occupation occurs after the date on which the Site is handed over to the Concessionaire in accordance with Clause 10.2(b)STP Site;
(c) the Concessionaire shall not use the Site for any purpose unconnected with the Project;
(d) the grant of any rights to a Subcontractor or any other third party shall not interfere with or hinder the performance of the Concessionaire’s 's obligations under this Concession Agreement;
(ed) the Concessionaire shall be wholly responsible for safety at and security of the STP Site and the Project STP Facilities;
(fe) the Concessionaire shall take all necessary measures to confine its operations, personnel and equipment to the STP Site and not encroach on any Adjoining Property;
(gf) all minerals, fossils, articles of value or antiquity, structures and other remains or things of geological or archaeological interest and other objects with historic, antique or monetary value discovered at, on or under the STP Site shall be dealt with in accordance with Applicable Laws and the Concessionaire shall take all necessary precautions to prevent its or its Subcontractor’s 's personnel from removing or damaging any such article or thing. Further, immediately upon the discovery of any such article or thing of value, the Concessionaire shall inform the Authority BUIDCO of such discovery and carry out the instructions of the Authority BUIDCO in this regard;
(hg) the Concessionaire shall make good any damage to any roads, footpaths, conduits, and other works on any Adjoining Property, which is caused by the Concessionaire or the Concessionaire Related Parties; and;
(ih) the Concessionaire shall use all reasonable endeavours not to do or permit to be done anything which might:
(i) cause destruction, scarring or defacing of natural surroundings in the vicinity of the STP Site;
(ii) be or become a danger or nuisance or give rise to liability in tort to any owners or occupiers of the Adjoining Property or to members of the public; or
(iii) cause any contamination or damage to any Adjoining Property, and the Concessionaire shall, at its own expense, take all reasonable measures and precautions to avoid any such danger, nuisance, tort, damage or interference and shall make good any damage so caused. If the construction works and/or the O&M services cannot be carried out without interfering with the rights of the owner or occupier of any Adjoining Property, the Concessionaire shall promptly and at its own cost obtain all necessary third party consents and/or the approval of any Government Authority to undertake such construction works and/or the O&M services. The Authority BUIDCO shall provide all assistance to the Concessionaire for procuring such approvals.
Appears in 1 contract
Samples: Concession Agreement