Common use of Collection and appropriation of Fee Clause in Contracts

Collection and appropriation of Fee. 27.1.1 On and from the COD till the Transfer Date, the Concessionaire shall have the sole and exclusive right to demand, collect and appropriate Fee from the Users in accordance with this Agreement as per toll notification ▇▇. ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇ the 26th May 2009 and corrigendum to this toll notification thereon (the "Fee Rules"); provided that for ease of payment and collection, such Fee shall be rounded off to the nearest 5 (five) rupees in accordance with the Fee Rules; provided further that the Concessionaire may determine and collect Fee at such lower rates as it may, by public notice to the Users, specify in respect of all or any category of Users or vehicles. 27.1.2 The Parties acknowledge that a notification for levy and collection of Fee has been issued by the Government of Karnataka vide its toll notification ▇▇. ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇ dated May 26, 2009 and the corrigendum to this toll notification (the "Fee Notification") and a copy of thereof is set forth in Schedule-R. 27.1.3 The Concessionaire acknowledges and agrees that upon payment of Fee, any User shall be entitled to use the Project Highway and the Concessionaire shall not place, or cause to be placed, any restriction on such use, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. 27.1.4 The Concessionaire acknowledges and agrees that any User who is not liable for payment of the Fee shall be entitled to use the Project Highway without any restrictions, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. For the avoidance of doubt, the Concessionaire hereby acknowledges that Exempted Vehicles are not liable to payment of Fee.

Collection and appropriation of Fee. 27.1.1 On and from the COD Appointed Date till the Transfer Date, the Concessionaire shall have the sole and exclusive right to demand, collect and appropriate Fee from the Users subject to and in accordance with this Agreement as per toll notification ▇▇. ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇and the National Highways Fee (Determination of Rates and Collection) Rules, ▇▇▇▇▇▇▇▇▇ the 26th May 2009 2008 and corrigendum to this toll notification thereon (the "Fee Rules")any further amendments thereto till bid due date; provided that for ease notwithstanding anything in the National Highways Fee (Determination of payment Rates and collectionCollection) Rules, such Fee 2008. the fee notified by the Authority shall be shall be rounded off to and levied in multiples of nearest Rupee One; discounted pass valid for one month from date of payment and entitling fifty one way journeys at two thirds the nearest 5 fee for fifty single journeys will not be allowed; monthly pass for non commercial vehicles for owners living within 20 km distance from toll plaza shall not be allowed; (five) rupees in accordance with collectively, the “Fee Rules; provided further that ”) It is clarified that, in the Concessionaire may determine event of any conflict between the provisions of the National Highways Fee (Determination of Rates and collect Fee at such lower rates as it mayCollection) Rules, by public notice 2008 and the stipulations in sub-clauses (a) to [(c)] above, the Users, specify in respect of all or any category of Users or vehicles. 27.1.2 latter shall prevail. The Parties acknowledge that a notification for levy and collection of Fee has been shall be issued by the Government under Section 4 of Karnataka vide its toll notification ▇▇. ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇the Indian Toll Act, ▇▇▇▇▇▇▇▇▇ dated May 261851 read with Fee Rules, 2009 and the corrigendum to this toll notification 2008 read along with National Highways Fee Rules (the "“Fee Notification"”); within 30 (thirty) and a copy of thereof is days hereof, substantially in the form set forth in Schedule-R. 27.1.3 M. The Concessionaire acknowledges and agrees that upon payment of Fee, any User shall be entitled to use the Project Highway and the Concessionaire shall not place, or cause to be placed, any restriction on such use, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. 27.1.4 The Concessionaire acknowledges and agrees that any User who is not liable for payment of the Fee shall be entitled to use the Project Highway without any restrictions, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. For the avoidance of doubt, the Concessionaire hereby acknowledges that Exempted Vehicles are not liable to payment of Fee.

Collection and appropriation of Fee. 27.1.1 On and from the COD till the Transfer Date, the Concessionaire shall have the sole and exclusive right to demand, collect and appropriate Fee from the Users in accordance with this Agreement as per toll and the Fee notification ▇▇. ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇ the 26th May 2009 and corrigendum to this toll notification thereon (the "Fee Rules")set forth in Schedule-R; provided that for ease of payment and collection, such Fee shall be rounded off to the nearest 5 (five) rupees in accordance with the Fee Rules; provided further that the Concessionaire may determine and collect Fee at such lower rates as it may, by public notice to the Users, specify in respect of all or any category of Users or vehicles. No fee shall be levied during the Simhastha (in the years 2016 and 2028) from the users of the Project Highway. For the avoidance of doubt, it is agreed that the Concessionaire shall not be entitled to collect toll from the users during Simhastha and one month before and one month after the date of start of Simhastha and end of the Simhastha, respectively. 27.1.2 The Parties acknowledge that a notification for levy and collection of Fee has been issued by the Government under Section 2 read with Section-4 of Karnataka vide its toll notification ▇▇the Indian Toll Act, 1851 (Vol. ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇ dated May 26, 2009 VIII of 1851)(the “the Fee Notification”) of the Act and the corrigendum to this toll notification (the "Fee Notification") Rules there under and a copy of thereof is set forth in Schedule-Schedule- R. 27.1.3 The Concessionaire acknowledges and agrees that upon payment of Fee, any User shall be entitled to use the Project Highway and the Concessionaire shall not place, or cause to be placed, any restriction on such use, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. 27.1.4 The Concessionaire acknowledges and agrees that any User who is not liable for payment of the Fee shall be entitled to use the Project Highway without any restrictions, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. For the avoidance of doubt, the Concessionaire hereby acknowledges that Exempted Vehicles are not liable to payment of Fee.

Collection and appropriation of Fee. 27.1.1 On and from the COD till the Transfer Date, the Concessionaire shall have the sole and exclusive right to demand, collect and appropriate Fee from the Users in accordance with this Agreement as per toll and the Fee notification ▇▇. ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇ the 26th May 2009 and corrigendum to this toll notification thereon (the "Fee Rules")set forth in Schedule-R ; provided that for ease of payment and collection, such Fee shall be rounded off to the nearest 5 (five) rupees in accordance with the Fee Rules; provided further that the Concessionaire may determine and collect Fee at such lower rates as it may, by public notice to the Users, specify in respect of all or any category of Users or vehicles. 27.1.2 The Parties acknowledge that a notification for levy and collection of Fee has been issued by the Government under Section 2 read with Section-4 of Karnataka vide its toll notification ▇▇the Indian Toll Act, 1851 (Vol. ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇ dated May 26, 2009 VIII of 1851)(the “the Fee Notification”) of the Act and the corrigendum to this toll notification (the "Fee Notification") Rules thereunder and a copy of thereof is set forth in Schedule-R. 27.1.3 The Concessionaire acknowledges and agrees that upon payment of Fee, any User shall be entitled to use the Project Highway and the Concessionaire shall not place, or cause to be placed, any restriction on such use, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. 27.1.4 The Concessionaire acknowledges and agrees that any User who is not liable for payment of the Fee shall be entitled to use the Project Highway without any restrictions, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. For the avoidance of doubt, the Concessionaire hereby acknowledges that Exempted Vehicles are not liable to payment of Fee.

Collection and appropriation of Fee. 27.1.1 On and from the COD till the Transfer Date, the Concessionaire shall have the sole and exclusive right to demand, collect and appropriate Fee from the Users in accordance with this Agreement as per toll notification ▇▇and the Notification No. ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇PPP/39/11(Part II) 6642/W dated 23 June 2011 issued by the Government of Odisha in exercise of the powers conferred by Section 13 of the Odisha State Roads Tolls Act, ▇▇▇▇▇▇▇▇▇ the 26th May 2009 and corrigendum to this toll notification thereon 2010 (Odisha Act 6 of 2010) (the "“Fee Rules"”); provided that for ease of payment and collection, such Fee shall be rounded off to the nearest 5 (five) rupees in accordance with the Fee Rules; provided further that the Concessionaire may determine and collect Fee at such lower rates as it may, by public notice to the Users, specify in respect of all or any category of Users or vehicles. 27.1.2 The Parties acknowledge that a notification for levy and collection of Fee has been issued by the Government under Notification No. PPP/39/11(Part II) 6642/W dated 23 June 2011 issued by the Government of Karnataka vide its toll notification ▇▇. ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇Odisha in exercise of the powers conferred by Section 13 of the Odisha State Roads Tolls Act, ▇▇▇▇▇▇▇▇▇ dated May 262010 (Odisha Act 6 of 2010), 2009 and the corrigendum to this toll notification (the "“Fee Notification"”) and a copy of thereof is set forth in Schedule-R.R and includes any subsequent notifications issued from time to time for levy and collection of the Fee contemplated by the provisions of this Agreement. 27.1.3 The Concessionaire acknowledges and agrees that upon payment of Fee, any User shall be entitled to use the Project Highway and the Concessionaire shall not place, or cause to be placed, any restriction on such use, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. 27.1.4 The Concessionaire acknowledges and agrees that any User who is not liable for payment of the Fee shall be entitled to use the Project Highway without any restrictions, except to the extent specified in any Applicable Law, Applicable Permit or the provisions of this Agreement. For the avoidance of doubt, the Concessionaire hereby acknowledges that Exempted Vehicles are not liable to payment of Fee.