Common use of Concession Clause in Contracts

Concession. (a) Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and the Concessionaire hereby accepts the exclusive right, authority and Concession to undertake, during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)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. (b) Subject to and in accordance with the provisions of this Agreement, the Concession granted herein includes shall oblige or entitle (as the case may be) the Concessionaire to: i. make at its cost and expense such development and improvements in the Site as may be necessary to implement the Project and establish the Project Facilities thereat subject to and in accordance with the provisions of this Agreement; ii. Develop, finance, design, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix 4; iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and iv. Operate and maintain the Project and regulate the use thereof by Third Party users in accordance with the provisions of this Agreement and Applicable Laws; v. Determine, demand, revise, charge, collect, retain and appropriate User Charges; vi. Enter into Contractual Arrangements in relation to the Project Facilities; vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project; and that all such contracts are subordinate to this Agreement and co-terminus., viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental; x. Perform and fulfil all of the Concessionaire’s obligations under and in accordance with this and the Lease Agreements, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice; xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement and the Lease Agreement. (c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof. (d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.

Concession. (a) 3.1.1 Subject to and in accordance with the terms and conditions set forth in provisions of this Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry Practice, the Concessioning Authority hereby grants to the Concessionaire, and the Concessionaire hereby accepts concession set forth herein including the exclusive rightright and authority to design, authority build, finance, construct, operate, and Concession to undertake, during maintain the Project (the “Concession”) for the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)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. (b) 3.1.2 Subject to and in accordance with the provisions of this Agreement, Applicable Laws, Applicable Permits and Good Industry Practice, the Concession hereby granted herein includes shall oblige or entitle (as the case may be) the Concessionaire to: i. make at its cost (i) perform and expense such development and improvements in the Site as may be necessary to implement the Project and establish the Project Facilities thereat subject to and in accordance with the provisions of this Agreement; ii. Develop, finance, design, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix 4; iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and iv. Operate and maintain the Project and regulate the use thereof by Third Party users in accordance with the provisions of this Agreement and Applicable Laws; v. Determine, demand, revise, charge, collect, retain and appropriate User Charges; vi. Enter into Contractual Arrangements in relation to the Project Facilities; vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project; and that all such contracts are subordinate to this Agreement and co-terminus., viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental; x. Perform and fulfil fulfill all of the Concessionaire’s obligations under and in accordance with this Agreement; (ii) design, engineer, finance, procure, construct, install, commission, operate and maintain each of the Lease AgreementsProject Facilities either itself or through such person as may be selected by it; (iii) bear and pay all costs, Carry out such other activities expenses and charges in connection with or incidental to the foregoing performance of the obligations of the Concessionaire under this Agreement; (iv) upon commissioning of the Project Facilities, to manage, operate and maintain the same either itself or proper or desirable through such person as may be selected by it, provided that the ultimate obligation and responsibility for the safeperformance of this Agreement shall continue to vest with the Concessionaire; (v) exclusively hold, efficient possess, and economic implementation and operations of control the ProjectSeabed, in accordance with Applicable Laws & Good Industry Practicethe terms of the SEABED Lease Deed, for the purposes of the due implementation of this Project in accordance with the terms of this Concession Agreement; xi. Exercise and/or enjoy all (vi) borrow or raise money or funding required for the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement and the Lease Agreement. (c) The Concessionaire has no right to sell or mortgage the title due implementation of the Site or any of Project and create Encumbrance on the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with of the Project Facilities and Project Assets to except the Authority or its nominated agency in accordance with the provisions hereof.Seabed; (dvii) The Concessionaire is not authorised and shall not neither assign, transfer or sublet or part with or create any Encumbrances Encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Project Site or Seabed nor transfer, lease or part possession thereof; save and except as expressly permitted under by this Agreement or the Substitution Agreement; provided that nothing contained herein shall and (viii) set all standards and frame and apply all internal policies, guidelines and procedures as may be construed appropriate for the safety, security, development, management, operations or interpreted as restricting the right maintenance of the Concessionaire Project Facilities, subject only to appoint Contractors, to enter into Contractual Arrangementsthe terms of this Agreement and in accordance with Applicable Laws and Good Industry Practice.

Concession. (a) 3.1.1 Subject to and in accordance with the terms and conditions set forth in provisions of this Agreement, the Applicable Laws, Laws and the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and Concessionaire the Concessionaire hereby accepts concession set forth herein including the exclusive right, license and authority and Concession to undertake, during the subsistence of this Concession PeriodAgreement to invest, the developmentfinance, designrefurbish, engineeringequip, financingcommission, procurementoperate, completion, commissioning, implementation, marketing, management, administration operation maintain and maintenance of manage the Project Facilities at (the Site "Concession") for a period of 20 (twenty) years commencing from the Execution Date, and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)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. (b) 3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted herein includes shall oblige or entitle (as the case may be) the Concessionaire to: i. make at its cost (i) all the rights, powers, benefits, privileges, Concessions and expense such development entitlements, to utilize the Project Site and improvements in Project Assets for the Site purposes of the Project, and to further undertake the development, construction and improvement therein or thereon, as may be necessary or appropriate to implement manage the Project; (ii) Easementary Rights, access and license to the Project Site and establish Project Hospital for the Project Facilities thereat subject purpose of and to and in accordance with the extent conferred by the provisions of this Agreement; ii. Develop(iii) to enter into agreements with such Persons, financeas it may deem necessary and appropriate, design, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix 4; iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and iv. Operate and maintain the Project and regulate the use thereof by Third Party users in accordance with the provisions of this Agreement and Applicable Laws; v. Determine, demand, revise, charge, collect, retain and appropriate User Charges; vi. Enter into Contractual Arrangements in relation to the Project Facilities; vii. Appoint Contractors/sub-contractors for discharging any of performing its obligations under this Agreement; (iv) ensure effective and comprehensive Services to the Beneficiaries and the Patients as per Good Industry Practice; (v) administer, carrying on its business of implementingmanage, constructing, managing, marketing, operating and/or maintaining operate & maintain the Project; Project Site and that all such contracts are subordinate to this Agreement and co-terminus., viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges Project Assets in compliance accordance with the requirements of the Applicable Laws, terms of the Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental; x. Perform and fulfil all of the Concessionaire’s obligations under and in accordance with this and the Lease Agreements, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice; xi. Exercise and/or enjoy all (vi) ensure optimal management, operation, development and maintenance of the rightsProject Assets throughout the Concession Period, powerseither by performing the operation and maintenance itself, privilegesor by making durable, Concessions effective and entitlements as set forth permanent arrangements for due performance of the operation and maintenance obligations by appointing Contractors on its behalf to assist the Concessionaire in this Agreement and fulfilling its obligations in relation to the Lease Agreement.Project; (cvii) The Concessionaire has no right to sell not assign, transfer or mortgage sublet or create any lien or Encumbrances on this Concession Agreement, or the title of the Site Concession hereby granted or any of on the whole or any part thereof of the Project, Project Site, and it shallProject Assets nor transfer, on the Transfer datelease or part possession thereof, transfer save and except as expressly permitted by this Concession Agreement; (viii) hand over the Site along with Project Site, and the Project Facilities and Project Assets to the Authority or its nominated agency on the Transfer Date in accordance with the provisions hereof.; (dix) The Concessionaire is not authorised bear and shall not assignpay all costs, transfer or sublet or part expenses and charges in connection with or create any Encumbrances on incidental to the whole or any part performance of the Project Site save and except as expressly permitted obligations of the Concessionaire under this Agreement; provided and (x) perform and fulfill all of the Concessionaire's obligations under and in accordance with this Agreement. 3.1.3 The period of Concession shall commence on the Execution Date and shall, if not terminated earlier or extended by the Authority, expire on the 20th (twentieth) anniversary of the Execution Date (herein the ‘Concession Period’). Provided that nothing contained herein in the event of early Termination, the period of Concession Agreement shall be construed or interpreted as restricting limited to the right of period commencing from the Concessionaire to appoint Contractors, to enter into Contractual ArrangementsExecution Date and ending with the Termination Date.

Concession. (a) Subject to and in accordance with the terms and conditions set forth in this Agreement, the Applicable Laws, the terms of Applicable Permits, and Good Industry Practice, the Authority hereby grants to the Concessionaire, and the Concessionaire hereby accepts the exclusive right, authority and Concession to undertake, during the Concession Period, the development, design, engineering, financing, procurement, completion, commissioning, implementation, marketing, management, administration operation and maintenance of the Project Facilities at the Site and exercise and enjoy the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement (collectively the “Concession”)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. (b) Subject to and in accordance with the provisions of this Agreement, the Concession granted herein includes shall oblige or entitle (as the case may be) the Concessionaire to: i. make at its cost and expense such development and improvements in the Site as may be necessary to implement the Project and establish the Project Facilities thereat subject to and in accordance with the provisions of this Agreement; ii. Develop, finance, design, construct, market, manage, administer, operate and maintain the Project Facilities in conformity with the Specifications and Standards set forth in Appendix 43; iii. To apply for, procure & maintain all requisite Applicable Permits for the development of Project Facilities on the Project Site as well as for the O&M thereof, including plans for construction thereon for such uses and purposes as permitted under this Agreement; and iv. Operate and maintain the Project and regulate the use thereof by Third Party users in accordance with the provisions of this Agreement and Applicable Laws; v. Determine, demand, revise, charge, collect, retain and appropriate User Charges; vi. Enter into Contractual Arrangements in relation to the Project Facilities; vii. Appoint Contractors/sub-contractors for discharging any of its obligations under this Agreement, carrying on its business of implementing, constructing, managing, marketing, operating and/or maintaining the Project; and that all such contracts are subordinate to this Agreement and co-terminus., viii. exercise all rights and remedies available under the Applicable Laws to recover the User Charges in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Authorities, if any, and Good Industry Practice in this behalf ; and ix. make timely payments to the Authority in accordance with the terms of this Agreement towards, interalia, the Revenue Share and the Annual Lease Rental; x. Perform and fulfil all of the Concessionaire’s obligations under and in accordance with this and the Lease Agreements, Carry out such other activities incidental to the foregoing or proper or desirable for the safe, efficient and economic implementation and operations of the Project, in accordance with Applicable Laws & Good Industry Practice; xi. Exercise and/or enjoy all the rights, powers, privileges, Concessions and entitlements as set forth in this Agreement and the Lease Agreement. (c) The Concessionaire has no right to sell or mortgage the title of the Site or any of the whole or part thereof and it shall, on the Transfer date, transfer and hand over the Site along with the Project Facilities and Project Assets to the Authority or its nominated agency in accordance with the provisions hereof. (d) The Concessionaire is not authorised and shall not assign, transfer or sublet or part with or create any Encumbrances on the whole or any part of the Project Site save and except as expressly permitted under this Agreement; provided that nothing contained herein shall be construed or interpreted as restricting the right of the Concessionaire to appoint Contractors, to enter into Contractual Arrangements.