Site to be free from Encumbrances. Subject to the provisions of Clause 10.3, the Site shall be made available by Railways to the SPD pursuant hereto free from all Encumbrances and occupations and without the SPD being required to make any payment to Railways on account of any costs, compensation, expenses and charges for the acquisition and use of such Site for the duration of the Agreement Period, except insofar as otherwise expressly provided in this Agreement. For the avoidance of doubt, it is agreed that existing rights of way, easements, privileges, liberties and appurtenances to the Premises shall not be deemed to be Encumbrances. It is further agreed that the SPD accepts and undertakes to bear any and all risks arising out of the inadequacy or physical condition of the Site.
Appears in 6 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
