Procurement of the Site. (i) The Authority Representative, the Contractor and Authority’s Engineer shall, within 10 (ten) days of the date of this Agreement, inspect the Site and prepare a detailed memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Site (hereinafter referred to as the “Handover Memorandum”). Subject to the provisions of Clause 8.2 (iii), the Handover Memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant access and Right of Way has not been given to the Contractor along with details of hindrances in the Construction Zone. For sake of clarity the Handover Memorandum shall clearly specify the parts of Site where work can be executed. Signing of the Handover Memorandum, in three counterparts (each of which shall constitute an original), by the authorized representatives of the Authority, Contractor and Authority’s Engineer shall be deemed to constitute a valid evidence of giving the Right of Way to the Contractor for discharging its obligations under and in accordance with the provisions of this Agreement and for no other purpose whatsoever.
(ii) Whenever the Authority is ready to hand over any part or parts of the Site included in the Appendix, it shall inform the Contractor, by notice, of the proposed date and time such of hand over. The Authority Representative and the Contractor shall, on the date so notified, inspect the specified parts of the Site, and prepare a memorandum containing an inventory of the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Site so handed over. The signing of the memorandum, in three (3) counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall be deemed to constitute a valid evidence of giving the relevant Right of Way to the Contractor. If the contractor fails to join for site inspection or disputes the parts of the site available for work, the Authority’s Engineer shall decide the parts of the site where work can be executed and notify to both the parties within 3 days of the proposed date of inspection. The parties agree that such notification of the Authority’s Engineer as mentioned hereinabove shall be final and binding on the parties.
(iii) The Authority shall provide the Right o...
Procurement of the Site. 10.2.1 Pursuant to the notice specified in Clause 4.2, Maha-Metro Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the trees on or attached to the Site. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.2, be deemed to constitute a valid lease and Right of Way to the Concessionaire for free and unrestricted use and development of the vacant and unencumbered Site during the Concession Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For the avoidance of doubt, it is agreed that valid lease and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro to the Concessionaire.
10.2.2 On and after signing the memorandum referred to in Clause 10.2.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro and undertake its removal at its cost and expenses.
Procurement of the Site. 8.2.1 The Employer Representative and the Contractor shall, within 7 (seven) days of the date of Letter of Award (LOA), inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Site. Subject to the provisions of Clause 8.2.3, such memorandum shall have appended thereto an appendix (the "Appendix"). Whenever the Employer is ready to hand over any part or parts of the Site included in the Appendix, it shall inform the Contractor, by notice, the proposed date and time such of handing over. The Employer Representative and the Contractor shall, on the date so notified, inspect the specified parts of the Site, and prepare a memorandum containing an inventory of the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Site so handed over. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall be deemed to constitute a valid evidence of giving the relevant Project Site to the Contractor.
8.2.2 The Employer shall provide the Project Site to the Contractor in respect of all land included in the Appendix as specified in Schedule-A.
8.2.3 Notwithstanding anything to the contrary contained in this Clause 8.2, the Employer shall specify the parts of the Site, if any, for which Project Site shall be provided to the Contractor on the dates specified in clause 8.2. Such parts shall also be included in the Appendix prepared in pursuance of clause 8.2.1.
Procurement of the Site. 10.3.1 Pursuant to the notice specified in Clause 4.1.2, the Authority Representative, the Independent Engineer and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Site. Such memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant access and Right of Way has not been granted to the Concessionaire. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall be deemed to constitute a valid licence and Right of Way to the Concessionaire for free and unrestricted use and development of the vacant and unencumbered Site during the Concession Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For the avoidance of doubt, it is agreed that valid licence and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by the Authority to the Concessionaire.
10.3.2 Without prejudice to the provisions of Clause 10.3.1, the Parties hereto agree that on or prior to the Appointed Date, the Authority shall have granted vacant access and Right of Way for minimum 90% of the Construction Zone so that on completion of work in this granted RoW access shall be sufficient to construct and achieve COD of the Project. The Appendix shall not include more than 10% (ten per cent) of the remaining parts of the Construction Zone required and necessary for construction. Further, in the event Financial Close is delayed solely on account of delay in grant of such vacant access and balance Construction Zone, the Authority shall be liable to payment of Damages under and in accordance with the provisions of Clause 4.2.
10.3.3 On and after signing the memorandum and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or occupation on any part thereof, the Concessionaire shall report such encroachment or occupation forthwith to the Authority and undertake its removal at its c...
Procurement of the Site. 9.2.1 The Implementation Agency acknowledges and agrees that prior to the Appointed Date, it shall have entered into a leasing agreement of the land for a period of at least 30 years from the Appointed Date and procured issuance of the statutory notification under Applicable Laws for vesting of all land comprising the Project and has taken possession of the total area thereof. Implementation Agency shall submit necessary Documentation in this regard as part of Conditions Precedent as per Clause 3.
9.2.2 All property taxes and any other charges or payments towards the Site including any stamp duty charges shall be payable by the Implementation Agency in accordance with Applicable Laws.
Procurement of the Site. (i) The Authority Representative, the Contractor and Authority’s Engineer shall, within 10 (ten) days of the date of this Agreement, inspect the Site and prepare a detailed memorandum containing an inventory of the Site - Subject to the provisions of Clause
Procurement of the Site. 10.3.1 Mine Developer and Operator shall be responsible for taking over physical possession of the Site and undertaking the associated activities in respect thereof at its own cost and expenses.
10.3.2 Until the Transfer Date, the Mine Developer and Operator shall maintain a round-the- clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or occupation on any part thereof, the Mine Developer and Operator shall report such encroachment or occupation forthwith to TANGEDCO and undertake its removal at its own cost and expense.
Procurement of the Site. 10.3.1 Following the Appointed Date, the Authority shall be responsible for taking over physical possession of the Site and undertaking the associated activities in respect thereof at its own cost and expense.
10.3.2 Until the Transfer Date, the Mine Operator shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or occupation on any part thereof, the Mine Operator shall report such encroachment or occupation forthwith to the Authority and undertake its removal at its own cost and expense.
10.3.3 The Authority shall, if so required, procure any additional land required for any ancillary buildings in accordance with this Agreement and upon procurement, such land shall vest in the Authority and form part of the Site; provided that the Authority shall be responsible for acquiring such additional land in accordance with Applicable Laws, at its cost and such additional land so acquired by the Authority hereunder shall be deemed form part of the Site.
Procurement of the Site. 10.3.1 Following the Appointed Date, MDO shall be responsible for taking over physical possession of the Site and undertaking the associated activities in respect thereof at its own cost and expense, subject to the provisions of the Clause 5.14.
10.3.2 Until the Transfer Date, the MDO shall maintain around-the-clock xxxxx over the Site and shall ensure and procure that no encroachment there on takes place, and in the event of any encroachment or occupation on any part hereof, the MDO shall report such encroachment or occupation forthwith to HCL and undertake its removal at its own cost and expense.
10.3.3 The MDO shall, if so required, procure any additional land required for the development, operations and maintenance of the Mines and Concentrator plant in accordance with this Agreement and upon procurement, such land shall vest in HCL and form part of the Site; provided that MDO shall be responsible for acquiring such additional land in accordance with Applicable Laws, in such manner as provided in Clause 5.14 and other provisions of the Agreement and such additional land so acquired by the MDO on behalf of HCL hereunder shall be deemed form part of the Site.
Procurement of the Site. 10.3.1 Following the Appointed Date, the Mine Operator shall be responsible for taking over the physical possession of the Site including the Mines for undertaking the associated activities in respect thereof at its own cost and expense. Following occurrence of the Appointed Date, the Authority Representative and the Mine Operator shall, on a mutually agreed date and time, inspect the Site including the Mines and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees any other immovable property and existing infrastructure (as mentioned in Annexure I of Schedule A) on or attached to the Site including the Mines.
10.3.2 Until the Transfer Date, the Mine Operator shall maintain a round-the-clock xxxxx over the Site including the Mines and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or occupation on any part thereof, the Mine Operator shall report such encroachment or occupation forthwith to the Authority and undertake its removal at its own cost and expense.
