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;
Appears in 2 contracts
Samples: Concession Agreement, Concession Agreement
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 Deed}1 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 }2 to the extent conferred by the provisions of this Agreement {and the Lease DeedDeed}3;
(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;
1 Note: To be retained only if a lease of the Site is granted. 2 Note: To be retained only if a lease of the Site is granted. 3 Note: To be retained only if a lease of the Site is granted.
(f) to receive, retain and utilize the Fixed Grant and {Additional Grant}1 Grant}41 in accordance with Article 26;
(g) {pay the Premium to the Authority in accordance with Article 26, if applicable;}
(h) 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;
(i) appoint contractors, sub-contractors, agents, advisors and consultants to carry out its obligations under this Agreement in accordance with its terms;
(j) upon Termination of the Concession, transfer the Project to the Authority in accordance with the terms of this Agreement;
(k) perform and fulfil all the obligations of the Concessionaire under and in accordance with this Agreement; and
(l) do all things incidental and necessary to implement, manage, operate and maintain the Project.
3.1.3 Subject to and in accordance with the provisions of this Agreement, Applicable Laws and Applicable Permits, this Agreement shall, from the Effective Date, entitle the Concessionaire to undertake designing, construction, finance, development, operation and maintenance of the following additional facilities (the “Ancillary Facilities”) as part of the Project; provided however, that the Concessionaire shall not, in any event, commence the operation and/or use of the Ancillary Facilities prior to the COD of Phase- I:
(a) cafeteria;
(b) boarding and lodging facilities for the Patients and their attendants;
(c) pharmacy shops and surgical equipment shops;
(d) creche facilities and entertainment facilities for doctors, nurses and other staff employed by the Hospital;
(e) nursing colleges and paramedical clinics and training centers, with the prior approval of the Authority;
(f) ATMs and banks;
(g) other shops or stores of a commercial nature provided that the use of such premises shall be for a purpose which is in compliance with Applicable Laws and is not likely to adversely affect the provision of the Healthcare Services in the Hospital any manner; and
Appears in 1 contract
Samples: Concession Agreement
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 right, licence and authority to construct, operate and maintain the Project Healthcare Network (the “Concession”) for a period of 32 34 (thirty two) years four)years commencing from the Effective Date (“Term of Concession”) in accordance with the provisions of this Agreement, the Lease Deed and the Escrow AgreementAppointed 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. Either Party may seek an extension to Provided thatin the Term event the Concessionaire shall have discharged its obligations without any material breach thereof for a period of Concession by an additional period not exceeding 30 (thirty) years thirty)years from the Appointed Date, it may by serving a written notice to be given no later than the other Party at least 450 (four hundred and fifty31st(thirty first) days prior to the expiry anniversary of the Term of Concession. The Appointed Date, seek extension of the Term of Concession Period, and in such an event, it shall be by mutual agreement between entitled to an additional Concession Period of 34 (thirty four)years on the Parties and on terms and conditions mutually agreed between set out herein. For the Partiesavoidance of doubt, material breach shall for the purposes hereof mean Suspension and/or cumulative levy of Damages exceeding a sum equivalent to Performance Security.
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 Concessionaire to:
(a) Right of Way, access and license to and lease of the Site for the purpose of and to the extent conferred by the provisions of this Agreement and the Lease DeedAgreement;
(b) design, finance, construct and equip finance andconstruct the Hospital during the Construction PeriodHealthcareNetwork;
(c) achieve COD in accordance with the provisions of Clause 15.1 and subsequently, manage, operate and maintain the Hospital throughout the Concession Period HealthcareNetwork in accordance with Applicable Law, Applicable Permits, Good Industry Practice, and this Agreement;
(d) provide Healthcare Services in accordance except with respect to the standards and terms set out in this AgreementUPHC, Good Industry Practice, Applicable Laws and Applicable Permits;
(e) demand, collect and appropriate Fee from Patients and/or Patientsliable for payment of Fee for using the Healthcare Network or from the Authority or Insurers and/or in accordance with the Authorityprovisions of this Agreement, as the case may be, for availing ;
(e) perform and fulfil all of the Healthcare Services, 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 receivethe performance of the obligations of the Concessionaire under this Agreement; and
(g) neither assign, retain 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 Healthcare Networknor transfer, lease or part possession thereof, save and utilize except as expressly permitted by this Agreement or the Fixed Grant Substitution Agreement.
3.1.3 The Concessionaire may, subject to the prior written approval of the Authority, construct, operate and {Additional Grant}1 maintain on the Site, at its cost and expense, anyadditionalfacilitiesand the Authority shall have no obligation or liability in accordance with Article 26;respect thereof. Provided that prior approval of the Authority shall not be required for construction, operation and maintenance of the additional facilities as specified in Schedule - C.
Appears in 1 contract
Samples: Concession Agreement
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 right, licence and authority to construct, operate and maintain the Project Healthcare Network (the “Concession”) for a period of 32 34 (thirty twofour) years commencing from the Effective Date (“Term of Concession”) in accordance with the provisions of this Agreement, the Lease Deed and the Escrow AgreementAppointed 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. Either Party may seek an extension to Provided that in the Term event the Concessionaire shall have discharged its obligations without any material breach thereof for a period of Concession by an additional period not exceeding 30 (thirty) years from the Appointed Date, it may by serving a written notice to be given no later than the other Party at least 450 31st (four hundred and fiftythirty first) days prior to the expiry anniversary of the Term of Concession. The Appointed Date, seek extension of the Term of Concession Period, and in such an event, it shall be by mutual agreement between entitled to an additional Concession Period of 34 (thirty four) years on the Parties and on terms and conditions mutually agreed between set out herein. For the Partiesavoidance of doubt, material breach shall for the purposes hereof mean Suspension and/or cumulative levy of Damages exceeding a sum equivalent to Performance Security.
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 Concessionaire to:
(a) Right of Way, access and license to and lease of the Site for the purpose of and to the extent conferred by the provisions of this Agreement and the Lease DeedAgreement;
(b) design, finance, finance and construct and equip the Hospital during the Construction PeriodHealthcare Network;
(c) achieve COD in accordance with the provisions of Clause 15.1 and subsequently, manage, operate and maintain the Hospital throughout the Concession Period Healthcare Network in accordance with Applicable Law, Applicable Permits, Good Industry Practice, and this Agreement;
(d) provide Healthcare Services in accordance except with respect to the standards and terms set out in this AgreementUPHC, Good Industry Practice, Applicable Laws and Applicable Permits;
(e) demand, collect and appropriate Fee from Patients and/or liable for payment of Fee for using the Healthcare Network or from the Authority or Insurers and/or in accordance with the Authorityprovisions of this Agreement, as the case may be, for availing ;
(e) perform and fulfil all of the Healthcare Services, 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 receivethe performance of the obligations of the Concessionaire under this Agreement; and
(g) neither assign, retain 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 Healthcare Network nor transfer, lease or part possession thereof, save and utilize except as expressly permitted by this Agreement or the Fixed Grant Substitution Agreement.
3.1.3 The Concessionaire may, subject to the prior written approval of the Authority, construct, operate and {Additional Grant}1 maintain on the Site, at its cost and expense, any additional facilities and the Authority shall have no obligation or liability in accordance with Article 26;respect thereof. Provided that prior approval of the Authority shall not be required for construction, operation and maintenance of the additional facilities as specified in Schedule - C.
Appears in 1 contract
Samples: Concession Agreement
