The Concession. 3.1.1 Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the Applicable Permits, Maha-Metro hereby grants to the Concessionaire the concession set forth herein including the exclusive right, licence and authority to develop/construct, operate and maintain the Project (the “Concession”) for a period of 60 (sixty) years commencing from the Effective Date, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein;
3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted shall oblige or entitle (as the case may be) the Concessionaire to:
(a) Right of Way, access and lease rights to the Project Site for the purpose of and to the extent conferred by the provisions of this Agreement;
(b) to design, engineer, finance, procure and construct the Project;
(c) manage, operate and maintain the Project and regulate the use thereof by third parties;
(d) demand, collect and appropriate revenue from the Users for using the Project Assets or any part thereof;
(e) perform and fulfil all the Concessionaire’s obligations under and in accordance with this Agreement;
(f) bear and pay all costs, expenses and charges in connection with or incidental to the performance of the obligations of the Concessionaire under this Agreement; and
(g) neither assign, transfer or sublet or create any lien or Encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Project nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement.
3.1.3 The Concession Period shall commence on the Effective Date and shall end on the Transfer Date.
The Concession. 3.1.1 Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the Applicable Permits, the Authority hereby grants to the Concessionaire the concession set forth herein including the exclusive right, licence and authority to construct, operate and maintain the Commercial Complex for a period of 60 years and Bus terminal for a period of 35 years (the "Concession") commencing from the Appointed Date, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. Provided that in the event the Concessionaire shall have discharged its obligations without any material breach thereof (whether cured during the Cure Period or not) for the Concession Period, it shall participate in the competitive bidding process and shall have a right to match the financial bid of the highest ranked bidder in the event the Authority invites fresh bids for selection of a new concessionaire for the Commercial Complex after the expiry of the Concession Period of Commercial Complex by efflux of time. For the avoidance of doubt, material breach shall for the purposes hereof mean Suspension and/or cumulative levy of Damages exceeding a sum equivalent to Performance Security. It is expressly agreed between the Parties that the First Right of Refusal shall mean that the Concessionaire will have a right to match the financial bid of the highest ranked bidder only if the Concessionaire participates in such bidding process and its bid is within 10% of the highest ranked bidder. It is expressly agreed between the Parties that the terms and conditions for such additional period after the expiry of the Concession Period of Commercial Complex shall be determined by the Authority. Provided further that in the event Concessionaire successfully matches the financial bid of the bidder selected, if any, the Concessionaire shall have a right to undertake the Project for an additional period of 30 (thirty) years on the terms and conditions as specified in such bidding document. It is expressly agreed between the Parties, in the event, no bidder is selected through the competitive bidding process and/or no bidder participates in the process for undertaking the Project, as the case may be, the Concessionaire may, by notice to be given no later than the 180 days prior to the date of Termination of the Concession Agreement, by efflux of time, seek extension of the additi...
The Concession. 3.1.1 Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the Applicable Permits, the Authority hereby grants to the Concessionaire the concession set forth herein including the exclusive right, licence and authority to construct, operate and maintain the Project (the “Concession”) for a period of [32]4 years commencing from the Appointed Date, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. Provided that in the event the Concessionaire shall have discharged its obligations without any material breach thereof for a period of [32 (thirty)] years from the Appointed Date, it shall have a right of first refusal in the event the Authority invites fresh bids for selection of a new concessionaire after the expiry of the Concession Period by efflux of time. For the avoidance of doubt, material breach shall for the purposes hereof mean Suspension and/or cumulative levy of Damages exceeding a sum equivalent to Performance Security. It is expressly agreed between the Parties that the first right of refusal shall mean that the Concessionaire will have a right to match the financial bid of the bidder selected without itself participating in such bidding process, if any, for undertaking the Project through a competitive bidding, after the expiry of the Concession Period by efflux of time. It is expressly agreed between the Parties that the terms and conditions for such additional period of [30] years after the expiry of the Concession Period shall be determined by the Authority. Provided [further] that the in the event Concessionaire successfully matches the financial bid of the bidder selected, if any, the Concessionaire shall have a right to undertake the Project for an additional period of [30] years on the terms and conditions as specified in such bidding document. It is expressly agreed between the Parties, in the event, no bidder is selected through the competitive bidding process and/or no bidder participates in the process for undertaking the Project, as the case may be, the Concessionaire may by notice to be given no later than the [180] days from the date of Termination seek extension of the additional [30] years and in such an event, it may be entitled to an additional period of [30] years, at the discretion of the Authority on the terms and conditions. specified in this Concession Agreement
3.1.2 Subjec...
The Concession. Subject to and in accordance with the provisions of this Agreement, Applicable Laws and Applicable Permits, the Authority, awards to the Concessionaire the concession set forth herein including exclusive right, license and authority to augment, operate and maintain the District Hospital and provide Healthcare Services and design, finance, procure, construct, operate and maintain the Medical College (the “Concession”) during the Concession Period, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth in this Agreement.
The Concession. 1) Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the Applicable Permits, the Authority hereby grants to the Concessionaire the concession set forth herein including the exclusive right, license and authority to construct, operate and maintain the Project (the “Concession”) for a period of 00 ( Xxxxx Xxxxx) years including 3 year construction period commencing upon the completion of condition precedent, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein:
2) Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted shall oblige or entitle (as the case may be) the Concessionaire to:
a) Right of Way, access and license to the Site for the purpose of and to the extent conferred by the provisions of this Agreement;
b) finance and construct the Ropeway from village Rampur to Naina Devi Ji;
c) manage, operate and maintain the village Rampur to Naina Devi Ji Ropeway and regulate the use thereof by third parties;
d) demand, collect and appropriate Fee from users for using the village Rampur to Naina Devi Ji Ropeway and refuse usage if the Fee due is not paid;
e) perform and fulfil all of the Concessionaire’s obligations under and in accordance with this Agreement;
f) save as otherwise expressly provided in this Agreement, bear and pay all costs, expenses and charges in connection with or incidental to the performance of the obligations of the Concessionaire under this Agreement; and
g) neither assign, transfer or sublet or create any lien or encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the village Rampur to Naina Devi Ji Ropeway nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement or the Substitution Agreement.
3) Subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Concession hereby granted shall, without prejudice to the provisions of Clause 3.1.2), entitle the Concessionaire to undertake development, operation and maintenance of the real estate specified in Schedule-A, [subject to the conditions stipulated in Schedule-B, Schedule-C and Schedule-D,] and to exploit such development for commercial purposes (the “Real Estate Development”) with the right to sub-license any or all parts thereof by means of Project Agreements.
The Concession. Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the Applicable Permits, Maha-Metro hereby grants to the Concessionaire the concession set forth herein including the exclusive right, licence and authority to develop/construct, operate and maintain the Project (the “Concession”) for a period of 60 (sixty) years commencing from the Effective Date, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein;
The Concession. 3.1.1 Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the Applicable Permits, the Authority hereby grants to the Concessionaire the concession set forth herein including the exclusive right and authority to construct, operate and maintain the Project (the “Concession”) for a period of 32 (thirty two) years commencing from the Effective Date (“Term of Concession”) in accordance with the provisions of this Agreement, the Lease Deed and the Escrow Agreement, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. Either Party may seek an extension to the Term of Concession by an additional period not exceeding 30 (thirty) years by serving a written notice to the other Party at least 450 (four hundred and fifty) days prior to the expiry of the Term of Concession. The extension of the Term of Concession shall be by mutual agreement between the Parties and on terms and conditions mutually agreed between the Parties.
3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted shall oblige or entitle (as the case may be) the Concessionaire, during the Concession Period to:
(a) access to and lease of the Site to the extent conferred by the provisions of this Agreement and the Lease Deed;
(b) design, finance, construct and equip the Hospital during the Construction Period;
(c) achieve COD in accordance with the provisions of Clause 15.1 and subsequently, manage, operate and maintain the Hospital throughout the Concession Period in accordance with Applicable Law, Applicable Permits, Good Industry Practice, and this Agreement;
(d) provide Healthcare Services in accordance with the standards and terms set out in this Agreement, Good Industry Practice, Applicable Laws and Applicable Permits;
(e) demand, collect and appropriate Fee from Patients and/or the Insurers and/or the Authority, as the case may be, for availing of the Healthcare Services, in accordance with this Agreement;
(f) to receive, retain and utilize the Fixed Grant and {Additional Grant}1 in accordance with Article 26;
The Concession. 3.1.1. Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws and the Applicable Limits, the Authority hereby grants to the Concessionaire the Concession set forth herein , including the exclusive right, license and authority during the subsistence of this Agreement to implement the Project at the Site mentioned at Schedule A in {… }6 for the Concession Period on Design, Build, Finance, Own, Operate (DBFOO) basis and seek Storage and Handling Charges for the Services under the provisions of this Agreement and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject and in accordance with the terms and conditions set forth herein.
3.1.2. Subject to and in accordance with the terms and conditions set forth in this Agreement, the Concession hereby granted shall entitle or oblige the Concessionaire to undertake the following in accordance with the provisions of this Agreement, the Applicable Laws and the Applicable Permits :
a) Procure land, as per specifications laid down in the RFP and the Concession Agreement, on registered ownership or under registered lease of not less than 35 (thirty five) years from Commencement Date, for the construction of Silo Complex, including rail siding;
b) Design, finance and build Silo Complex at the Project Location as per laid down Standards and Specifications and as per capacities stipulated in Schedule B;
c) Manage, Operate and Maintain the Silo Complex as per laid down Standards and Specifications, Performance Standards, Grain Acceptance Specifications and provide Services on exclusive basis to the Authority or its nominee;
The Concession. 2.1. Details
The Concession. 3.1.1 Subject to and in accordance with the provisions of this Agreement, Applicable Laws and Applicable Permits, the Authority hereby grants to the Concessionaire the concession set forth herein including the exclusive right, licence and authority to construct, operate and maintain the Project (the “Concession”) during the Construction Period and for a period of 10 (ten) years commencing from COD, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein.
3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted shall oblige or entitle (as the case may be) the Concessionaire to;
(a) Right of Way, access and licence to the Site for the purpose of and to the extent conferred by the provisions of this Agreement;
(b) finance and construct the Project;
(c) manage, operate and maintain the Project;
(d) perform and fulfil all the Concessionaire‟s obligations under and in accordance with this Agreement;
