Divestment Requirements Clause Samples

Divestment Requirements. All defects and deficiencies specified in this Schedule-4 shall be repaired and rectified by the Developer so that the Project Facilities conforms to the Maintenance Requirements on the Handover Date. 1.1 These Terms of Reference for the Third Party Inspector (the “TOR”) are being specified pursuant to the Agreement dated (the “Agreement”), which has been entered into between the JTDCL and ………………… (the “Developer”) for Procurement, Installation, Development, Operation and Management of Adventure Sports Equipments at Chandil and Netarhat on PPP Mode. 1.2 This TOR shall apply to construction, operation and maintenance of the Project.

Divestment Requirements. All defects and deficiencies specified in this Schedule - L shall be repaired and rectified by the Concessionaire so that the Healthcare Network conforms to the Maintenance Requirements on the Transfer Date.

Divestment Requirements. 34.1.1 Upon Termination, the Concessionaire shall comply with and conform to the following Divestment Requirements: (a) notify to the Authority forthwith the location and particulars of all Project Assets; (b) deliver forthwith the actual or constructive possession of the Project, free and clear of all Encumbrances, save and except to the extent set forth in the Substitution Agreement; (c) cure all Project Assets of all defects and deficiencies so that the Project is compliant with the Maintenance Requirements; provided that in the event of Termination during the Construction Period, all Project Assets shall be handed over on 'as is where is' basis after bringing them to a safe condition; (d) deliver and transfer relevant records, reports, Intellectual Property and other licences pertaining to the Project and its design, engineering, construction, operation and maintenance, including all programmes and manuals pertaining thereto, and complete 'as built' Drawings as on the Transfer Date. For the avoidance of doubt, the Concessionaire represents and warrants that the Intellectual Property delivered hereunder shall be adequate and complete for the design, engineering, construction, operation and maintenance of the Project and shall be assigned to the Authority free of any encumbrance; (e) transfer and/or deliver all Applicable Permits to the extent permissible under Applicable Laws; (f) execute such deeds of conveyance, Documents and other writings as the Authority may reasonably require for conveying, divesting and assigning all the rights, title and interest of the Concessionaire in the Project, including manufacturers' warranties in respect of any plant or equipment and the right to receive outstanding insurance claims, to the extent due and payable to the Authority, absolutely unto the Authority or its nominee; and (g) comply with all other requirements as may be prescribed or required under Applicable Laws for completing the divestment and assignment of all rights, title and interest of the Concessionaire in the Project, free from all Encumbrances, absolutely unto the Authority or to its nominee. 34.1.2 Subject to the exercise by the Authority of its rights under this Agreement or under any of the Project Agreements to perform or procure the performance by a third party of any of the obligations of the Concessionaire, the Parties shall continue to perform their obligations under this Agreement, notwithstanding the giving of any Termination Notice, until ...

Divestment Requirements. Upon Termination, the Concessionaire shall comply with and conform to the following Divestment Requirements:

Divestment Requirements. All defects and deficiencies specified in this Schedule J shall be repaired and rectified by the Concessionaire so that the Project conforms to the Maintenance Requirements on the Transfer Date.

Divestment Requirements. Upon Termination, the Operator shall comply with and conform to the following Divestment Requirements: (a) notify to the Authority forthwith the location and particulars of all Project Assets; (b) deliver forthwith the actual or constructive possession of all the Project Assets and the Project Facilities, free and clear of all Encumbrances, except as provided under Clause 4.5.1of this Agreement; (c) execute such deeds of conveyance, documents and other writings as the Authority may reasonably require for conveying, divesting and assigning all the rights and interest of the Operator in the Project Facilities absolutely unto the Authority or its nominee; and (d) comply with all other requirements as may be prescribed or required under Applicable Laws for completing the divestment and assignment of all rights and interest of the Operator in the Project Facilities, free from all Encumbrances, absolutely unto the Authority or to its nominee.

Divestment Requirements. 28.1.1 Upon Termination, the Concessionaire shall comply with and conform to the following Divestment Requirements: (a) notify to Maha-Metro forthwith the location and particulars of all Project Assets; (b) deliver forthwith the actual or constructive possession of the Project, free and clear of all Encumbrances; (c) cure all Project Assets, including the road (internal or external, as applicable), structures and equipment, of all defects and deficiencies so that the Project is compliant with the Maintenance Requirements; provided that in the event of Termination during the Construction Period, all Project Assets shall be handed over on ‘as is where is’ basis after bringing them to a safe condition; (d) deliver and transfer relevant records, reports, Intellectual Property and other licences pertaining to the Project and its design, engineering, construction, operation and maintenance, including all programmes and manuals pertaining thereto, and complete ‘as built’ Drawings as on the Transfer Date. For the avoidance of doubt, the Concessionaire represents and warrants that the Intellectual Property delivered hereunder shall be adequate and complete for the design, engineering, construction, operation and maintenance of the Project and shall be assigned to Maha-Metro free of any encumbrance; (e) transfer and/or deliver all Applicable Permits to the extent permissible under Applicable Laws;

Divestment Requirements. All defects and deficiencies specified in this Schedule J shall be repaired and rectified by the Licensee so that the Project conforms to the Maintenance Requirements on the Transfer Date. (Schedule K) The Licensee shall repair and rectify the defects and deficiencies specified in this Annex-I to Schedule K within the time limit set forth herein: S. No. Nature of defect or deficiency Time limit for rectification repair/ i. Failure of electric supply (substitution by UPS / generator) 5 seconds ii. Damage to floor, walls or paint 48 hours iii. Breakage of glass 24 hours iv. Breakage of furniture 24 hours v. Removal of debris and unclaimed materials 1 hour

Divestment Requirements. All defects and deficiencies specified in this Schedule –G shall be repaired and rectified by the Concessionaire so that the project conforms to the Maintenance Requirements on the Transfer Date. The operation and maintenance of the Commercial Complex will at all times be in compliance with the following: (i) Ensure that the infrastructure are operated and are maintained in accordance with the stated provisions at the Project; (ii) Ensure that appropriate arrangements are in place at the Commercial Complex to prevent man/animal nuisance in and around the operational area; (iii) Ensure that suitable contingency arrangements are in place at the Commercial Complex to deal with the following events: a. Removal of disabled machinery/equipment from the Commercial complex; b. Equipment/ machine damage/ accidents in and around the vicinity of the Project; c. Fires at the Project; d. Natural calamities and disasters; e. Strikes at the Project; f. Ensure that emergency alarm bells have been installed to link the facility to the emergency services (fire, medical and police) and to the Project manager;