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.
Appears in 1 contract
Samples: Concession Agreement
The Concession. 1) 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, license and authority to constructdemand, operate collect and appropriate Fee, operate, manage and maintain the Project Road (the “Concession”) subject to and in accordance with terms hereof, for a period of 00 ( Xxxxx Xxxxx30 (thirty) years including 3 year construction period commencing upon from the completion of condition precedent, Appointed Date (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 herein:. Notwithstanding anything to the contrary in this Agreement, the Parties expressly agree that the Concession Period shall not be reduced by more than 5 (five) years or shall not be increased by more than 10 (ten) years on any account or for any reason whatsoever.
2) 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 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 Project Road and regulate the use thereof by third partiesparties in accordance with terms hereof;
d(c) demand, collect and appropriate Fee from users vehicles and Users liable for payment of Fee for using the village Rampur to Naina Devi Ji Ropeway Project Road or any part thereof and refuse usage entry of any vehicle if the Fee due is not paid;
e(d) perform and fulfil fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement;
f(e) 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(f) neither assign, transfer or sublet or create any lien or encumbrance 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 Project Road nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement or the Substitution Agreement.
3) Subject 3.1.3 The provisions in relation to and the Escrow Account in accordance with the provisions of this Agreement and Applicable Laws, shall only be applicable if the Concession hereby granted shall, without prejudice to the provisions obligations of Clause 3.1.2), entitle the Concessionaire to undertake development, operation and maintenance of under this Agreement are financed by 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 AgreementsLenders.
Appears in 1 contract
Samples: Concession 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 licence and authority to constructInstallation, operate and maintain the Project Operation & maintenance CT Scan /MRI centres (the “Concession”) for a period of 00 ( Xxxxx Xxxxx10 (Ten) years including 3 year construction period commencing upon from the completion Date 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:Letter of Acceptance(L.O.A.)
2) 3.1.1 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 Wayway, access and license licence to the Site Project Sites for the purpose of and to the extent conferred by the provisions of this Agreement;
b) finance and construct Implement the Ropeway from village Rampur to Naina Devi JiProject as per the provisions of this Agreement;
c) manageProcure and install brand new C T SCAN , operate MRI ,SONOGRAPHY,ECHO CARDIOGRAPHY Equipment in the Diagnostic centres and maintain operate, maintain, and manage the village Rampur to Naina Devi Ji Ropeway and regulate Diagnostic centres either by itself or through O&M Contractor(s) during the use thereof by third partiesConcession Period;
d) demandExclusive right and authority, during the Concession Period, to carry out the C T SCAN , MRI ,SONOGRAPHY,ECHO CARDIOGRAPHY Tests as listed in Schedule 3 – Scope of Services in accordance with the provisions of the Concession Agreement and Good Industry Practices including activities incidental to the same;
e) Demand, collect and appropriate Fee from users for using MCGM rates as per the village Rampur to Naina Devi Ji Ropeway and refuse usage if the Fee due is not paidprovisions of this Concession Agreement;
ef) perform Perform and fulfil all of the Concessionaire’s Concessionaire‟s obligations under and in accordance with this Agreement;
fg) save as otherwise expressly provided in this Agreement, bear 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;
gh) neither Neither assign, transfer or sublet or create any lien or encumbrance 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 Diagnostic centres nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement or the Substitution Agreement.; and
3i) Subject Access the common areas, facilities and infrastructure at the Project Sites and the Hospitals, as long as such right to and in accordance with the provisions of this Agreement and Applicable Laws, the Concession hereby granted shall, without prejudice access is limited to the provisions of Clause 3.1.2), entitle the Concessionaire to undertake development, operation extent that it is used for treatment and maintenance benefit 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 patients. The Authority reserves the right to sub-license any or all parts thereof by means collect a user fee from the Concessionaire for use of Project Agreementscertain facilities (for example – parking).
Appears in 1 contract
Samples: Concession Agreement
The Concession. 1) 3.1.1 Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the Applicable Permits, the Concessioning Authority hereby grants to the Concessionaire the concession Concession set forth herein including the exclusive right, license licence and authority during the subsistence of this Agreement to constructupgrade, operate and maintain the Project (the “Concession”) for a period of 00 ( Xxxxx Xxxxx5 (five) years including 3 year construction period commencing upon from the completion of condition precedentAppointed 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:
2) 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 upgrade the Trauma Centre and license to the Site for the purpose of and to the extent conferred by the provisions of this Agreementmake it operational;
(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 Trauma Centre 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(c) perform and fulfil all of the Concessionaire’s obligations under and in accordance with this Agreement;
f(d) 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;
(e) transfer the Trauma Centre to the Concessioning Authority or its nominated agency upon Termination of this Agreement, in accordance with the provisions thereof; and
g(f) neither not assign, transfer or sublet or create any lien or encumbrance 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 Trauma Centre nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement or the Substitution Agreement.
3) Subject to 3.1.3 Upon the expiry of the aforesaid Concession Period (and not in accordance with the provisions case of this Agreement and Applicable Lawsany premature Termination), the Concessioning Authority/ Government, at its sole discretion, shall have the right to retain or re-plan the existing project structure. However, the Concessioning Authority/ Confirming Party shall have the discretionary right to extend the existing Concession hereby granted shallPeriod to a further period of 5 (five) years, 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 satisfactory performance of the Concessionaire’s duties/ obligations as laid down 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 AgreementsConcession Agreement.
Appears in 1 contract
Samples: Concession Agreement
The Concession. 1) Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and Laws, the Applicable PermitsPermits and Good Industry Practice, the Authority hereby grants to the Concessionaire and the concession set forth herein including Concessionaire hereby accepts the exclusive right, license and authority to constructDesign, operate Finance, Construct, Operate and maintain Maintain the Project at the Offered Area (the “Concession”) and provide Services for a period of 00 ( Xxxxx Xxxxx) Concession Period of 30 years (Thirty), further extendable up to 15 years (Fifteen), commencing from the Appointed Date and ending on the Transfer Date, including 3 year any extension thereto as may be granted by the Authority as per the terms of this Agreement (the “Concession Period”), which includes construction period commencing upon of the completion of condition precedentProject Assets and to exercise and/or enjoy the rights, power, privileges and the entitlements as set forth in this Agreement. 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) 3.1.1 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted shall entitle and oblige or entitle (as the case may be) the Concessionaire to undertake the following in accordance with the provisions of Applicable Laws and Applicable Permits, during the Concession Period to:
(a) Right of Way, access access, and license to the Site for the purpose of and to the extent conferred by the provisions of this Agreement;
(b) finance Plan, Design, Develop, Procure, Construct, Finance, Upgrade, Equip, Operate, Maintain and construct manage the Ropeway from village Rampur Project Assets/Facility as per the terms and conditions of this Agreement including Specifications and Standards, Applicable Laws, Applicable Permits and Good Industry Practice and transfer the same to Naina Devi Jithe Authority or designated Government agency on the Transfer Date;
(c) manageOperate, operate Manage, and maintain Maintain the village Rampur to Naina Devi Ji Ropeway Facility and regulate the use thereof by third parties;
(d) demandDemand, collect Collect and appropriate Fee from users Users liable for payment of Fee for using the village Rampur to Naina Devi Ji Ropeway Facility and/ or availing any Services or any part thereof and refuse usage entry to any User if the Fee due is not paid;
(e) perform and fulfil all of the Concessionaire’s obligations under and in accordance with this AgreementAgreement including Specifications and Standards, Applicable Laws, Applicable Permits and Good Industry Practice;
(f) save provide Services to the Users and/or any other service providers as otherwise expressly provided in per the terms and conditions of this AgreementAgreement including Specifications and Standards, Good Industry Practice and Applicable Law;
(g) bear and pay all costs, expenses expenses, and charges in connection with or incidental to the performance of the obligations of the Concessionaire under this Agreement; and;
g(h) access the common areas, facilities, and infrastructure at the Site, as long as such right to access is limited to the extent that it is required for Design, Build, Operating and Maintaining the Offered Area/Facility and/ or providing Services in terms of the present Agreement;
(i) neither assign, transfer or sublet transfer, or create any lien or encumbrance 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 Offered Area/Facility nor sell, transfer, lease exchange, lease, sub- license or part possession thereof, save and except as expressly permitted by this Agreement or the Substitution Agreement.
33.1.2 Upon the Concessionaire fulfilling its obligations under this Agreement without any instance of default
1.1. The Concessionaire shall submit such Extension Request to the Authority at least 6 (six) Subject months prior to and in accordance with the provisions scheduled expiry of the initial Concession Period of 30 (thirty) years. In the event the Concessionaire submits the Extension Request later than 6 (six) months prior to the scheduled expiry of the initial Concession Period of 30 (thirty) years, the Authority is under no obligation to consider such Extension Request.
3.1.3 Upon the termination of this Agreement and Applicable LawsAgreement, either due to expiry of the Concession Period or due to another reason, 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 shall comply with obligations provided 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 AgreementsArticle 32.
Appears in 1 contract
Samples: Concession Agreement
The Concession. 1) Subject to and in accordance with the provisions of this Agreement, the Applicable Laws 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 constructdemand, operate collect and appropriate Fee, operate, manage and maintain the Project Highway (the “Concession”) subject to and in accordance with terms hereof, for a period of 00 ( Xxxxx Xxxxx30 (thirty years) years including 3 year construction period commencing upon from the completion of condition precedent, Appointed Date (the “Concession Period”) and the Concessionaire hereby accepts the Concession concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein:
2. Notwithstanding anything to the contrary in this Agreement, the Parties expressly agree that the Concession Period shall not be reduced by more than 5 (five) years, or shall not be increased by more than 10 (ten) years on any account or for any reason whatsoever. 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 Project Highway and regulate the use thereof by third parties;
d) parties in accordance with terms hereof; demand, collect and appropriate Fee from users vehicles and Users liable for payment of Fee for using the village Rampur to Naina Devi Ji Ropeway Project Highway or any part thereof and refuse usage entry of any vehicle if the Fee due is not paid;
e) ; perform and fulfil fulfill 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) and neither assign, transfer or sublet or create any lien or encumbrance 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 Project Highway nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement or Agreement. The provisions in relation to the Substitution Agreement.
3) Subject to and Escrow Account in accordance with the provisions of this Agreement and Applicable Laws, shall only be applicable if the Concession hereby granted shall, without prejudice to the provisions obligations of Clause 3.1.2), entitle the Concessionaire to undertake development, operation and maintenance of under this Agreement are financed by 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 Agreementslenders.
Appears in 1 contract
Samples: Concession Agreement