Common use of Access to the Site Clause in Contracts

Access to the Site. 10.2.1 During the Development Period, TANGEDCO hereby grants to the Mine Developer and Operator access to the Site for carrying out any survey, investigation and soil test that the Mine Developer and Operator may deem necessary during the Contract Period, it being expressly agreed and understood that TANGEDCO shall have no liability whatsoever in respect of the surveys, investigations and tests carried out or works undertaken by the Mine Developer and Operator on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of development of Mines, this Agreement and the covenants and warranties on the part of the Mine Developer and Operator herein contained, TANGEDCO, in accordance with the terms and conditions set forth herein, hereby grant to the Mine Developer and Operator, commencing from the CP Completion Date, access to and permission to work or to use in respect of all the land, along with all buildings, constructions or immovable assets, if any, thereon comprising the real estate, which is more particularly described, delineated and shown in Schedule A hereto (the Site),on an "as is where is" basis to develop, operate and maintain the said Site, for the purposes permitted under this Agreement, and for no other purpose whatsoever. The Mine Developer and Operator hereby acknowledges and accepts that the entire Site shall be and shall at all times remain the exclusive and absolute property of TANGEDCO and neither the Mine Developer and Operator nor any persons claiming through or under the Mine Developer and Operator shall have or shall at any time claim any propriety, right, title or interest in such Site. 10.2.3 The Mine Developer and Operator shall perform its obligations in a manner that the existing roads, if any, along the boundary of the Mines, or an alternative thereof are open to traffic at all times during the Contract Period. The MDO shall construct access/approach road to the mine from the neighbouring public road. Strengthening, widening of the existing roads to establish access to the Site shall be carried out by MDO on their own cost. If any land required shall be acquired by MDO for which documented cost shall be borne by TANGEDCO in accordance to the provisions of Article-18. 10.2.4 It is expressly agreed that all rights and permissions of the Mine Developer and Operator granted hereunder in respect of the Site shall terminate automatically and forthwith, without the need for any action to be taken by TANGEDCO, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Mine Developer and Operator, the rights and permissions of the Mine Developer and Operator in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Mine Developer and Operator hereby irrevocably appoints TANGEDCO (acting directly or through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Mine Developer and Operator, a surrender of the rights granted hereunder at any time upon the Termination of this Agreement, a sufficient proof of which will be the declaration of any duly authorised officer of TANGEDCO, and the Mine Developer and Operator consents to it being registered for this purpose.

Appears in 2 contracts

Sources: Coal Mining Agreement, Coal Mining Agreement

Access to the Site. 10.2.1 During the Development Period, TANGEDCO the Authority hereby grants to the Mine Developer and Operator access to the Site for carrying out exploration, any surveysurveys, investigation investigations, scientific study and soil test tests that the Mine Developer and Operator may deem necessary during the Contract Period, it being expressly agreed and understood that TANGEDCO the Authority shall have no liability whatsoever in respect of the surveys, investigations and tests carried out or works work undertaken by the Mine Developer and Operator on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of exploration and development of Mines, this Agreement and the covenants and warranties on the part of the Mine Developer and Operator herein contained, TANGEDCOthe Authority, in accordance with the terms and conditions set forth herein, hereby grant grants to the Mine Developer and Operator, commencing from the CP Completion Datedate of Agreement, access to and permission to work or to use in respect of all the land, land (along with all any buildings, constructions or immovable assets, if any, thereon thereon) comprising the real estate, which is more particularly described, delineated and shown described in Schedule Schedule-A hereto (the Site),on "Site"), on an "as is where is" basis to explore, develop, operate and maintain the said Site, for the purposes permitted under this Agreement, and for no other purpose whatsoever. .. The Mine Developer and Operator hereby acknowledges and accepts that the entire Site shall be and shall at all times remain the exclusive and absolute property of TANGEDCO the Authority and neither the Mine Developer and Operator nor any persons claiming through or under the Mine Developer and Operator shall have or shall at any time claim any proprietyproperty, right, title or interest in such Site. 10.2.3 The Mine Developer and Operator shall perform its obligations in a manner that the existing roads, if any, along the boundary of the Mines, or an alternative thereof are open to traffic at all times during the Contract Period. The MDO shall construct access/approach road to the mine from the neighbouring public road. Strengthening, widening of the existing roads to establish access to the Site shall be carried out by MDO on their own cost. If any land required shall be acquired by MDO for which documented cost shall be borne by TANGEDCO in accordance to the provisions of Article-18. 10.2.4 It is expressly agreed that all rights and permissions of the Mine Developer and Operator granted hereunder in respect of the Site shall terminate automatically and forthwith, without the need for any action to be taken by TANGEDCOthe Authority, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Mine Developer and Operator, the rights and permissions of the Mine Developer and Operator in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Mine Developer and Operator hereby irrevocably appoints TANGEDCO the Authority (acting directly or through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Mine Developer and Operator, Operator a surrender of the rights granted hereunder at any time upon the Termination of this Agreement, a sufficient proof of which will be the declaration of any duly authorised officer of TANGEDCOthe Authority, and the Mine Developer and Operator consents to it being registered for this purpose.

Appears in 1 contract

Sources: Contract Agreement

Access to the Site. 10.2.1 During the Development Period, TANGEDCO the Authority hereby grants to the Mine Developer and Operator access to the Site for carrying out any surveysurveys, investigation investigations and soil test tests that the Mine Developer and Operator may deem necessary during the Contract Period, it being expressly agreed and understood that TANGEDCO the Authority shall have no liability whatsoever in respect of the surveys, investigations and tests carried out or works work undertaken by the Mine Developer and Operator on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of development of Mines, this Agreement and the covenants and warranties on the part of the Mine Developer and Operator herein contained, TANGEDCOthe Authority, in accordance with the terms and conditions set forth herein, hereby grant grants to the Mine Developer and Operator, commencing from the CP Completion Appointed Date, access to and permission to work or to use in respect of all the land, land (along with all any buildings, constructions or immovable assets, if any, thereon thereon) comprising the real estate, which is more particularly described, delineated and shown in Schedule A hereto (the Site),on "Site"), on an "as is where is" basis to develop, operate and maintain the said Site, for the purposes permitted under this Agreement, and for no other purpose whatsoever. The Mine Developer and Operator hereby acknowledges and accepts that the entire Site shall be and shall at all times remain the exclusive and absolute property of TANGEDCO the Authority and neither the Mine Developer and Operator nor any persons claiming through or under the Mine Developer and Operator shall have or shall at any time claim any proprietyproperty, right, title or interest in such Site. 10.2.3 The Mine Developer and Operator shall perform its obligations in a manner that the existing roads, if any, along the boundary of the Mines, or an alternative thereof are open to traffic at all times during the Contract Period. The MDO shall construct access/approach road to the mine from the neighbouring public road. Strengthening, widening of the existing roads to establish access to the Site shall be carried out by MDO on their own cost. If any land required shall be acquired by MDO for which documented cost shall be borne by TANGEDCO in accordance to the provisions of Article-18. 10.2.4 It is expressly agreed that all rights and permissions of the Mine Developer and Operator granted hereunder in respect of the Site shall terminate automatically and forthwith, without the need for any action to be taken by TANGEDCOthe Authority, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Mine Developer and Operator, the rights and permissions of the Mine Developer and Operator in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Mine Developer and Operator hereby irrevocably appoints TANGEDCO the Authority (acting directly or through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Mine Developer and Operator, a surrender of the rights granted hereunder at any time upon the Termination of this Agreement, a sufficient proof of which will be the declaration of any duly authorised officer of TANGEDCOthe Authority, and the Mine Developer and Operator consents to it being registered for this purpose.

Appears in 1 contract

Sources: Coal Mining Agreement

Access to the Site. 10.2.1 During the Development Period, TANGEDCO the Authority hereby grants to the Mine Developer and Operator access to the Site for carrying out any surveysurveys, investigation investigations and soil test tests that the Mine Developer and Operator may deem necessary during the Contract Period, it being expressly agreed and understood that TANGEDCO the Authority shall have no liability whatsoever in respect of the surveys, investigations and tests carried out or works work undertaken by the Mine Developer and Operator on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of development of Mines, this Agreement and the covenants and warranties on the part of the Mine Developer and Operator herein contained, TANGEDCOthe Authority, in accordance with the terms and conditions set forth herein, hereby grant grants to the Mine Developer and Operator, commencing from the CP Completion Appointed Date, access to and permission to work or to use in respect of all the land, land (along with all any buildings, constructions or immovable assets, if any, thereon thereon) comprising the real estate, which is more particularly described, delineated and shown in Schedule Schedule-A hereto (the Site),on "Site"), on an "as is where is" basis to develop, operate and maintain the said Site, for the purposes permitted under this Agreement, and for no other purpose whatsoever. The Mine Developer and Operator hereby acknowledges and accepts that the entire Site shall be and shall at all times remain the exclusive and absolute property of TANGEDCO the Authority and neither the Mine Developer and Operator nor any persons claiming through or under the Mine Developer and Operator shall have or shall at any time claim any proprietyproperty, right, title or interest in such Site. 10.2.3 The Mine Developer and Operator shall perform its obligations in a manner that the existing roads, if any, along the boundary of the Mines, or an alternative thereof are open to traffic at all times during the Contract Period. The MDO shall construct access/approach road to the mine from the neighbouring public road. Strengthening, widening of the existing roads to establish access to the Site shall be carried out by MDO on their own cost. If any land required shall be acquired by MDO for which documented cost shall be borne by TANGEDCO in accordance to the provisions of Article-18. 10.2.4 It is expressly agreed that all rights and permissions of the Mine Developer and Operator granted hereunder in respect of the Site shall terminate automatically and forthwith, without the need for any action to be taken by TANGEDCOthe Authority, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Mine Developer and Operator, the rights and permissions of the Mine Developer and Operator in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Mine Developer and Operator hereby irrevocably appoints TANGEDCO the Authority (acting directly or through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Mine Developer and Operator, Operator a surrender of the rights granted hereunder at any time upon the Termination of this Agreement, a sufficient proof of which will be the declaration of any duly authorised officer of TANGEDCOthe Authority, and the Mine Developer and Operator consents to it being registered for this purpose.

Appears in 1 contract

Sources: Model Contract Agreement

Access to the Site. 10.2.1 During the Development PeriodWith no access fee or charge to OCC Tacoma or any of its Affiliates, TANGEDCO hereby grants including any Employee Cost of Pioneer for such access, but subject to the Mine Developer other provisions of this Agreement, Pioneer shall (i) grant OCC Tacoma and Operator access its Affiliates and their respective Representatives (and representatives of Governmental Authorities, as required or reasonably requested in accordance with applicable Orders or Formal Agency Actions) a right to enter and use, at the reasonable discretion of OCC Tacoma or its Affiliates, upon giving reasonable notice to Pioneer, those portions of the Site needed to perform any actions reasonably necessary or appropriate (provided that OCC Tacoma and its Affiliates shall reasonably attempt to minimize any disruption to Pioneer's operations of the Site and shall consult with Pioneer pursuant to Section 5.2 and shall not transport Hazardous Materials onto the Site for carrying out any surveythe purpose of permanent disposal on the Site, investigation provided OCC Tacoma shall be permitted to transport Hazardous Materials on or across the Site, to treat, handle, process, store and soil test that use Hazardous Materials on the Mine Developer Site within the Remediation Areas for Remediation or Correction, and Operator may deem necessary to discharge effluent or air emissions, or inject effluent, from Remediation or Correction, in each case in Material Compliance with applicable Orders) to Remediate Excluded, Specified or Identified Environmental Conditions or to Correct Identified Environmental Violations or to respond to Environmental Claims or Common Law Claims arising therefrom or related thereto, including arranging for utilities or Third Party services; (ii) provide OCC Tacoma and its Affiliates with access, during the Contract Periodbusiness hours and after reasonable notice, it being expressly agreed to Pioneer's books, records, property and understood that TANGEDCO shall have no liability whatsoever in respect Representatives related to OCC Tacoma's performance of the surveysactivities required by this Agreement, investigations and tests carried out or works undertaken by subject to the Mine Developer and Operator on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of development of Mines, this Joint Defense Agreement and the covenants and warranties on the part Section 7.2 below; (iii) not require payment from OCC Tacoma or any of the Mine Developer and Operator herein contained, TANGEDCO, in accordance with the terms and conditions set forth herein, hereby grant to the Mine Developer and Operator, commencing from the CP Completion Dateits Affiliates or their respective Representatives for entry, access to and permission to work or to use in respect of all the land, along with all buildings, constructions or immovable assets, if any, thereon comprising the real estate, which is more particularly described, delineated and shown in Schedule A hereto (the Site),on an "as is where is" basis to develop, operate and maintain the said Site, Site reasonably required for the purposes permitted OCC Tacoma's performance of its obligations under this Agreement, except with respect to Remediation Damages set forth in Section 3.2 above; (iv) execute and comply with the Grant of Easement and Agreement set forth in Exhibit 2 attached hereto to implement the right of entry and access granted to OCC Tacoma and its Affiliates and their respective Representatives; and (v) allow OCC Tacoma to continue using the building designated as F-24 for no other purpose whatsoever. The Mine Developer storage of supplies and Operator hereby acknowledges and accepts equipment associated with the groundwater treatment system, provided that the entire Site such use of building F-24 by OCC Tacoma shall be and shall at all times remain the exclusive and absolute property sole risk of TANGEDCO and neither the Mine Developer and Operator nor any persons claiming through or under the Mine Developer and Operator shall have or shall at any time claim any propriety, right, title or interest in such SiteOCC Tacoma. 10.2.3 The Mine Developer and Operator shall perform its obligations in a manner that the existing roads, if any, along the boundary of the Mines, or an alternative thereof are open to traffic at all times during the Contract Period. The MDO shall construct access/approach road to the mine from the neighbouring public road. Strengthening, widening of the existing roads to establish access to the Site shall be carried out by MDO on their own cost. If any land required shall be acquired by MDO for which documented cost shall be borne by TANGEDCO in accordance to the provisions of Article-18. 10.2.4 It is expressly agreed that all rights and permissions of the Mine Developer and Operator granted hereunder in respect of the Site shall terminate automatically and forthwith, without the need for any action to be taken by TANGEDCO, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Mine Developer and Operator, the rights and permissions of the Mine Developer and Operator in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Mine Developer and Operator hereby irrevocably appoints TANGEDCO (acting directly or through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Mine Developer and Operator, a surrender of the rights granted hereunder at any time upon the Termination of this Agreement, a sufficient proof of which will be the declaration of any duly authorised officer of TANGEDCO, and the Mine Developer and Operator consents to it being registered for this purpose.

Appears in 1 contract

Sources: Environmental Operating Agreement (Pioneer East Inc)

Access to the Site. 10.2.1 During the Development Period, TANGEDCO 10.3.1 HPGCL hereby grants to the Mine Developer and Operator MDO access to the Site for preliminary project activities like carrying out any surveysurveys, investigation investigations and soil test tests that the Mine Developer and Operator MDO may deem necessary during the Contract Period, it being expressly agreed and understood that TANGEDCO HPGCL shall have no liability whatsoever in respect of the surveys, investigations and tests carried out or works work undertaken by the Mine Developer and Operator MDO on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 10.3.2 In consideration of development operation of Mines, this Agreement and the covenants Covenants and warranties on the part of the Mine Developer and Operator MDO herein contained, TANGEDCOHPGCL, in accordance with the terms and conditions set forth herein, hereby grant grants to the Mine Developer and OperatorMDO, commencing from the CP Completion LOA Date, access to and permission to work or to use in respect of all the land, land (along with all any buildings, constructions or immovable assets, if any, thereon thereon) comprising the real estate, which is more particularly described, delineated and shown in Schedule A hereto (the Site),on "Site"), on an "as is where is" basis to develop, operate and maintain the said Site, for the purposes permitted under this Agreement, and for no other purpose whatsoever. The Mine Developer and Operator MDO hereby acknowledges and accepts that the entire Site shall be and shall at all times remain the exclusive and absolute property of TANGEDCO HPGCL and neither the Mine Developer and Operator MDO nor any persons claiming through or under the Mine Developer and Operator MDO shall have or shall at any time claim any proprietyproperty, right, title or interest in such Site. 10.2.3 The Mine Developer and Operator shall perform its obligations in a manner that . It is clarified that, though the existing roadsMDO, if any, along the boundary of the Mines, or an alternative thereof are open to traffic at all times during the Contract Period. The MDO shall construct access/approach road to the mine from the neighbouring public road. Strengthening, widening of the existing roads to establish access to the Site shall be carried out by MDO on their his own cost. If any land required , shall be acquired by MDO for which documented cost shall be borne by TANGEDCO assist and Facilitate in accordance to the provisions Land Acquisition, taking physical possession of Article-18. 10.2.4 It is expressly agreed that all rights and permissions of the Mine Developer and Operator granted hereunder in respect of the Site shall terminate automatically and forthwith, without the need for any action to be taken by TANGEDCO, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubtland, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Mine Developer and Operator, the rights and permissions of the Mine Developer and Operator in respect of the Site title ofthe land shall automatically terminate, without any further act of the Parties, upon Termination of this Agreementvest with HPGCL. 10.2.5 The Mine Developer and Operator hereby irrevocably appoints TANGEDCO (acting directly or through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Mine Developer and Operator, a surrender of the rights granted hereunder at any time upon the Termination of this Agreement, a sufficient proof of which will be the declaration of any duly authorised officer of TANGEDCO, and the Mine Developer and Operator consents to it being registered for this purpose.

Appears in 1 contract

Sources: Coal Mining Agreement

Access to the Site. 10.2.1 The Mine Operator or its authorised representatives, on any date after the date of this Agreement and before taking physical possession of the Site shall be allowed to conduct a detailed Site visit including theMines, in consultation with the Authority. The Mine Operator may collect available plans and data/information in addition to the data provided in the Mine Profile (annexed as Appendix VII to RFB)and Schedule A of this Agreement. The Authority shall facilitate Mine Operator’s visit to the Site including the Mines. 10.2.2 During the Development Period, TANGEDCO the Authority hereby grants to the Mine Developer and Operator access to the Site for carrying out any surveysurveys, investigation exploration if required, scientific studies and subsidence prediction studies required for re-opening, investigations and soil test tests that the Mine Developer and Operator may deem necessary during the Contract Periodnecessary, it being expressly agreed and understood that TANGEDCO the Authority shall have no liability whatsoever in respect of the surveys, exploration, scientific studies and subsidence prediction studies required for re-opening, investigations and tests carried out or works work undertaken by the Mine Developer and Operator on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 10.2.3 In consideration of re-opening and development of Mines, this Agreement and the covenants and warranties on the part of the Mine Developer and Operator herein contained, TANGEDCOthe Authority, in accordance with the terms and conditions set forth herein, hereby grant grants to the Mine Developer and Operator, commencing from the CP Completion Appointed Date, access to and permission to work or to use in respect of all the land, acquired land along with all any buildings, constructions or immovable assets, if any, thereon comprising the real estate, which is more ismore particularly described, delineated and shown described in Schedule Schedule-A hereto (the Site),on "Site"), on an "as is where is" basis to re-open, develop, operate and maintain the said Site, for the purposes permitted under this Agreement, and for no other purpose whatsoever. The Mine Developer and Operator hereby acknowledges and accepts that the entire Site shall be and shall at all times remain the exclusive and absolute property of TANGEDCO the Authority and neither the Mine Developer and Operator nor any persons claiming through or under the Mine Developer and Operator shall have or shall at any time claim any proprietyproperty, right, title or interest in such Site. The Mine Operator is the occupier of the Mines under this Agreement and shall comply with the obligations of the Owner under the ▇▇▇▇▇ ▇▇▇, ▇▇▇▇. 10.2.3 10.2.4 The Mine Developer and Operator shall perform its obligations in a manner that the existing roads, if any, along the boundary of the Mines, or an alternative thereof are open to traffic at all times during the Contract Period. The MDO shall construct access/approach road to the mine from the neighbouring public road. Strengthening, widening of the existing roads to establish access to the Site shall be carried out by MDO on their own cost. If any land required shall be acquired by MDO for which documented cost shall be borne by TANGEDCO in accordance to the provisions of Article-18. 10.2.4 10.2.5 It is expressly agreed that all rights and permissions of the Mine Developer and Operator granted hereunder in respect of the Site shall terminate automatically and forthwith, without the need for any action to be taken by TANGEDCOthe Authority, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Mine Developer and Operator, the rights and permissions of the Mine Developer and Operator in Operatorin respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 10.2.6 The Mine Developer and Operator hereby irrevocably appoints TANGEDCO the Authority (acting directly or through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Mine Developer and Operator, Operator a surrender of the rights granted hereunder at any time upon the Termination of this Agreement, a sufficient proof of which will be the declaration of any duly authorised officer of TANGEDCOthe Authority, and the Mine Developer and Operator consents to it being registered for this purpose.

Appears in 1 contract

Sources: Contract Agreement

Access to the Site. 10.2.1 During the Development Period, TANGEDCO the Authority hereby grants to the Mine Developer and Operator access to the Site for carrying out any surveysurveys, investigation investigations and soil test tests that the Mine Developer and Operator may deem necessary during the Contract Period, it being expressly agreed and understood that TANGEDCO the Authority shall have no liability whatsoever in respect of the surveys, investigations and tests carried out or works work undertaken by the Mine Developer and Operator on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 In consideration of development of Mines, this Agreement and the covenants and warranties on the part of the Mine Developer and Operator herein contained, TANGEDCOthe Authority, in accordance with the terms and conditions set forth herein, hereby grant grants to the Mine Developer and Operator, commencing from the CP Completion Appointed Date, access to and permission to work or to use in respect of all the land, land (along with all any buildings, constructions or immovable assets, if any, thereon thereon) comprising the real estate, which is more particularly described, delineated and shown in Schedule A hereto (the Site),on "Site"), on an "as is where is" basis to develop, operate and maintain the said Site, for the purposes permitted under this Agreement, and for no other purpose whatsoever. The Mine Developer and Operator hereby acknowledges and accepts that the entire Site shall be and shall at all times remain the exclusive and absolute property of TANGEDCO the Authority and neither the Mine Developer and Operator nor any persons claiming through or under the Mine Developer and Operator shall have or shall at any time claim any proprietyproperty, right, title or interest in such Site. 10.2.3 The Mine Developer and Operator shall perform its obligations in a manner that the existing roads, if any, along the boundary of the Mines, or an alternative thereof are open to traffic at all times during the Contract Period. The MDO shall construct access/approach road to the mine from the neighbouring public road. Strengthening, widening of the existing roads to establish access to the Site shall be carried out by MDO on their own cost. If any land required shall be acquired by MDO for which documented cost shall be borne by TANGEDCO in accordance to the provisions of Article-18. 10.2.4 It is expressly agreed that all rights and permissions of the Mine Developer and Operator granted hereunder in respect of the Site shall terminate automatically and forthwith, without the need for any action to be taken by TANGEDCOthe Authority, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Mine Developer and Operator, the rights and permissions of the Mine Developer and Operator in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 The Mine Developer and Operator hereby irrevocably appoints TANGEDCO the Authority (acting directly or through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Mine Developer and Operator, a surrender of the rights granted hereunder at any time upon the Termination of this Agreement, a sufficient proof of which will be the declaration of any duly authorised officer of TANGEDCOthe Authority, and the Mine Developer and Operator consents to it being registered for this purpose.

Appears in 1 contract

Sources: Coal Mining Agreement

Access to the Site. 10.2.1 During the Development Period, TANGEDCO HCL hereby grants to the Mine Developer and Operator MDO access to the Site for carrying out any surveysurveys, investigation investigations and soil test tests that the Mine Developer and Operator MDO may deem necessary during the Contract Period, it being expressly agreed and understood that TANGEDCO HCL shall have no liability whatsoever in respect of the surveys, investigations and tests carried out or works work undertaken by the Mine Developer and Operator MDO on or about the Site pursuant hereto thereof to in the event of Termination or otherwise. 10.2.2 MDO shall produce MIC from Mosabani Plant for a maximum period of 4 years from Commencement Date or till Schedule Operation Date (OD), whichever is earlier. 10.2.3 In consideration of re-opening and development and operations of Mines, this Agreement and the covenants and warranties on the part of the Mine Developer and Operator MDO herein contained, TANGEDCOHCL, in accordance with the terms and conditions set forth herein, hereby grant grants to the Mine Developer and OperatorMDO, commencing from the CP Completion Commencement Date, access to and permission to work or to use in respect of all the land, land (along with all any buildings, constructions or immovable assets, if any, thereon thereon) comprising the real estate, which is more particularly described, delineated and shown in Schedule A hereto (the Site),on "Site"), on an "as is where is" basis to develop, operate and maintain the said Site, for the purposes permitted under this Agreement, and for no other purpose whatsoever. The Mine Developer and Operator MDO hereby acknowledges and accepts that the entire Site shall be and shall at all times remain the exclusive and absolute property of TANGEDCO HCL and neither the Mine Developer and Operator MDO nor any persons claiming through or under the Mine Developer and Operator MDO shall have or shall at any time claim any proprietyproperty, right, title or interest in such Site. 10.2.3 10.2.4 The Mine Developer and Operator MDO shall perform its obligations in a manner that the existing roads, if any, along the boundary of the Mines, or an alternative thereof are open to traffic at all times during the Contract Period. The MDO shall construct access/approach road to the mine from the neighbouring public road. Strengthening, widening of the existing roads to establish access to the Site shall be carried out by MDO on their own cost. If any land required shall be acquired by MDO for which documented cost shall be borne by TANGEDCO in accordance to the provisions of Article-18. 10.2.4 10.2.5 It is expressly agreed that all rights and permissions of the Mine Developer and Operator MDO granted hereunder in respect of the Site shall terminate automatically and forthwith, without the need for any action to be taken by TANGEDCOHCL, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Mine Developer and OperatorMDO, the rights and permissions of the Mine Developer and Operator MDO in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 10.2.6 The Mine Developer and Operator MDO hereby irrevocably appoints TANGEDCO HCL (acting directly or through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Mine Developer and OperatorMDO, a surrender of the rights granted hereunder at any time upon the Termination of this Agreement, a sufficient proof of which will be the declaration of any duly authorised authorized officer of TANGEDCOHCL, and the Mine Developer and Operator MDO consents to it being registered for this purpose.

Appears in 1 contract

Sources: Mining Services Agreement

Access to the Site. 10.2.1 The Mine Operator or its authorised representatives, on any date after the date of this Agreement and before taking physical possession of the Site shall be allowed to conduct a detailed Site visit including the Mines, in consultation with the Authority. The Mine Operator may collect available plans and data/information in addition to the data provided in the Mine Profile (annexed as Appendix VII to RFB) and Schedule A of this Agreement. The Authority shall facilitate Mine Operator’s visit to the Site including the Mines. 10.2.2 During the Development Period, TANGEDCO the Authority hereby grants to the Mine Developer and Operator access to the Site for carrying out any surveysurveys, investigation exploration if required, scientific studies and subsidence prediction studies required for re-opening, investigations and soil test tests that the Mine Developer and Operator may deem necessary during the Contract Periodnecessary, it being expressly agreed and understood that TANGEDCO the Authority shall have no liability whatsoever in respect of the surveys, exploration, scientific studies and subsidence prediction studies required for re- opening, investigations and tests carried out or works work undertaken by the Mine Developer and Operator on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 10.2.3 In consideration of re-opening and development of Mines, this Agreement and the covenants and warranties on the part of the Mine Developer and Operator herein contained, TANGEDCOthe Authority, in accordance with the terms and conditions set forth herein, hereby grant grants to the Mine Developer and Operator, commencing from the CP Completion Appointed Date, access to and permission to work or to use in respect of all the land, acquired land along with all any buildings, constructions or immovable assets, if any, thereon comprising the real estate, which is more particularly described, delineated and shown described in Schedule Schedule-A hereto (the Site),on "Site"), on an "as is where is" basis to re-open, develop, operate and maintain the said Site, for the purposes permitted under this Agreement, and for no other purpose whatsoever. The Mine Developer and Operator hereby acknowledges and accepts that the entire Site shall be and shall at all times remain the exclusive and absolute property of TANGEDCO the Authority and neither the Mine Developer and Operator nor any persons claiming through or under the Mine Developer and Operator shall have or shall at any time claim any proprietyproperty, right, title or interest in such Site. The Mine Operator is the occupier of the Mines under this Agreement and shall comply with the obligations of the Owner under the Mines Act, 1952. 10.2.3 10.2.4 The Mine Developer and Operator shall perform its obligations in a manner that the existing roads, if any, along the boundary of the Mines, or an alternative thereof are open to traffic at all times during the Contract Period. The MDO shall construct access/approach road to the mine from the neighbouring public road. Strengthening, widening of the existing roads to establish access to the Site shall be carried out by MDO on their own cost. If any land required shall be acquired by MDO for which documented cost shall be borne by TANGEDCO in accordance to the provisions of Article-18. 10.2.4 10.2.5 It is expressly agreed that all rights and permissions of the Mine Developer and Operator granted hereunder in respect of the Site shall terminate automatically and forthwith, without the need for any action to be taken by TANGEDCOthe Authority, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Mine Developer and Operator, the rights and permissions of the Mine Developer and Operator in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 10.2.6 The Mine Developer and Operator hereby irrevocably appoints TANGEDCO the Authority (acting directly or through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Mine Developer and Operator, Operator a surrender of the rights granted hereunder at any time upon the Termination of this Agreement, a sufficient proof of which will be the declaration of any duly authorised officer of TANGEDCOthe Authority, and the Mine Developer and Operator consents to it being registered for this purpose.

Appears in 1 contract

Sources: Contract Agreement

Access to the Site. 10.2.1 The Mine Operator or its authorised representatives, on any date after the date of this Agreement and before taking physical possession of the Site shall be allowed to conduct a detailed Site visit including the Mines, in consultation with the Authority. The Mine Operator may collect available plans and data/information in addition to the data provided in the Mine Profile (annexed as Appendix VII to RFB) and Schedule A of this Agreement. The Authority shall facilitate Mine Operator’s visit to the Site including the Mines. 10.2.2 During the Development Period, TANGEDCO the Authority hereby grants to the Mine Developer and Operator access to the Site for carrying out any surveysurveys, investigation exploration if required, scientific studies and subsidence prediction studies required for re-opening, investigations and soil test tests that the Mine Developer and Operator may deem necessary during the Contract Periodnecessary, it being expressly agreed and understood that TANGEDCO the Authority shall have no liability whatsoever in respect of the surveys, exploration, scientific studies and subsidence prediction studies required for re-opening, investigations and tests carried out or works work undertaken by the Mine Developer and Operator on or about the Site pursuant hereto in the event of Termination or otherwise. 10.2.2 10.2.3 In consideration of re-opening and development of Mines, this Agreement and the covenants and warranties on the part of the Mine Developer and Operator herein contained, TANGEDCOthe Authority, in accordance with the terms and conditions set forth herein, hereby grant grants to the Mine Developer and Operator, commencing from the CP Completion Appointed Date, access to and permission to work or to use in respect of all the land, acquired land along with all any buildings, constructions or immovable assets, if any, thereon comprising the real estate, which is more ismore particularly described, delineated and shown described in Schedule Schedule-A hereto (the Site),on "Site"), on an "as is where is" basis to re-open, develop, operate and maintain the said Site, for the purposes permitted under this Agreement, and for no other purpose whatsoever. The Mine Developer and Operator hereby acknowledges and accepts that the entire Site shall be and shall at all times remain the exclusive and absolute property of TANGEDCO the Authority and neither the Mine Developer and Operator nor any persons claiming through or under the Mine Developer and Operator shall have or shall at any time claim any proprietyproperty, right, title or interest in such Site. The Mine Operator is the occupier of the Mines under this Agreement and shall comply with the obligations of the Owner under the Mines Act, 1952. 10.2.3 10.2.4 The Mine Developer and Operator shall perform its obligations in a manner that the existing roads, if any, along the boundary of the Mines, or an alternative thereof are open to traffic at all times during the Contract Period. The MDO shall construct access/approach road to the mine from the neighbouring public road. Strengthening, widening of the existing roads to establish access to the Site shall be carried out by MDO on their own cost. If any land required shall be acquired by MDO for which documented cost shall be borne by TANGEDCO in accordance to the provisions of Article-18. 10.2.4 10.2.5 It is expressly agreed that all rights and permissions of the Mine Developer and Operator granted hereunder in respect of the Site shall terminate automatically and forthwith, without the need for any action to be taken by TANGEDCOthe Authority, upon the Termination of this Agreement for any reason whatsoever. For the avoidance of doubt, the Parties expressly agree that notwithstanding any temporary or permanent structures erected on the Site by the Mine Developer and Operator, the rights and permissions of the Mine Developer and Operator in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.2.5 10.2.6 The Mine Developer and Operator hereby irrevocably appoints TANGEDCO the Authority (acting directly or through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Mine Developer and Operator, Operator a surrender of the rights granted hereunder at any time upon the Termination of this Agreement, a sufficient proof of which will be the declaration of any duly authorised officer of TANGEDCOthe Authority, and the Mine Developer and Operator consents to it being registered for this purpose.

Appears in 1 contract

Sources: Contract Agreement