Common use of The Concession Clause in Contracts

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. 3.1.1. Subject to and in accordance with the terms and conditions set forth in provisions of this Concession Agreement, the Applicable Laws and the Applicable LimitsPermits, the Authority hereby grants to the Concessionaire the Concession concession set forth herein , including the exclusive right, license right and authority during to construction of the subsistence c o m p l e t e Project (MLCP + Commercial Complex) (the “Concession”), and operate & maintain the Commercial complex for a period of this Agreement to implement 40 (forty ) years including 3 (three) years construction period commencing from the Project at the Site mentioned at Schedule A in {… }6 for the Concession Period on DesignAppointed Date, 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 to 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 provisions of this Concession Agreement, the Concession hereby granted shall oblige or entitle or oblige (as the case may be) the Concessionaire to a) Right of Way, access and license to undertake the following in accordance with Site for the purpose of and to the extent conferred by 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 Build, Finance, and build Silo Transfer the Multi-Level Car Parking and Design, Build, Finance, Operate and Transfer the Commercial Complex at the Project Location Old Power House Complex, Keishampat in Imphal as per laid down Standards and Specifications and the scope of work as per capacities stipulated mentioned in Schedule B;A of this Agreement, further detailed under the MinimumTechnical Requirements as mentioned in Schedule G of this Agreement and transfer it to the Authority on the Transfer Date c) ManageSubject to Clause 3.1.2(d), Operate manage, operate and Maintain maintain the Silo Commercial Complex as per laid down Standards in the ISCL land at Old Power House Complex, Keishampat in Imphal and Specifications, Performance Standards, Grain Acceptance Specifications regulate the use thereof by third parties; d) allow and provide Services on exclusive basis to assist the Authority or Authority’s Contractor(s) in demanding, collecting and appropriating the eligible fees from the operation of the proposed development or any part thereof; e) perform and fulfill all of the Concessionaire’s obligations under and in accordance with this Concession 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 Concession Agreement; and g) neither assign, transfer or create any lien or Encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the ISCL/Government/Authority land nor transfer, or part possession thereof, h) Exercise such other rights as Authority may determine as being necessary or desirable for the purposes incidental and necessary for implementing the Project; i) Obtain all the required Clearances from the Competent Authorities for the Project. Responsibility of taking all necessary approvals of construction, demolition and reconstruction lies with the Concessionaire. Nevertheless, the Authority without any binding obligation may provide any reasonable assistance upon written request from the Concessionaire j) Any part of the work (but not the whole of works) may be sub-contracted by the Concessionaire through construction contracts/O&M Contract, provided always that notwithstanding the construction contracts/O&M Contract, the Concessionaire retains overall management, responsibility, obligation and liability in relation to the subcontracted work. Any such subcontracting shall not relieve the Concessionaire from any of its nominee;obligations in respect of the provision of such work under this Agreement. It is clarified that Concessionaire shall remain liable and responsible for any acts, omissions or defaults of any Contractor, and shall indemnify the Authority in respect thereof Nothing contained herein, including the act of granting permission to develop the Project Facilityat the Site shall vest or create any proprietary interest in the Project Facility or any part thereof including any permanent fixtures, fittings etc. installed in the structure of the Project Facility in favor of the Concessionaire or any person claiming through or under the Concessionaire. The Concessionaire shall not in any manner sell, transfer, assign, mortgage, charge, create lien or otherwise encumber or deal with the Project Facility in any manner. The Concessionaire acknowledges, accepts and confirms that the covenant contained herein is an essence of this Agreement.

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 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 8 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 AgreementRFQ, on registered ownership or under registered lease of not less than 35 (thirty five) [ ]9 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; 8 Location as per LOA to be mentioned 9 25 years d) Receive Food Grains, in [bulk and/or bag], procured by and directed through the Authority or its assignees or its nominees {or farmers} as per stipulations laid down in the Agreement;

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; 6 Location as per LOA to be mentioned d) Receive Food Grains, in [bulk and/or bag], procured by and directed through the Authority or its assignees or its nominees {or farmers} as per stipulations laid down in the Agreement;