Common use of Grant of Concession Clause in Contracts

Grant of Concession. (a) On and from the Effective Date and subject to the terms of this Agreement, Applicable Laws and Applicable Permits, the Jal ▇▇▇▇▇ grants to the Concessionaire the exclusive right to: (i) design, finance, engineer, construct, develop and complete the Facilities; (ii) design, finance, rehabilitate and upgrade the Associated Infrastructure; and (iii) upon completion of construction of the Facilities and the rehabilitation of the Associated Infrastructure, operate and maintain the Facilities and the Associated Infrastructure during the O&M Period. (b) The grant of the concession set out in Clause 2.2(a) shall oblige or entitle the Concessionaire, as the case may be, to the following: (i) access to the Site from the Effective Date, for the sole purpose of implementing the Project; (ii) apply for and obtain all Applicable Permits and utilities required to undertake the Project; (iii) raise funds (through both debt and equity financing) to finance 60% of the Bid Project Cost; (iv) complete the construction of the Facilities and the rehabilitation of the Associated Infrastructure on or before the Scheduled Construction Completion Date; (v) upon completion of construction of the Facilities and the rehabilitation of the Associated Infrastructure, undertake Trial Operations during the Trial Period; (vi) upon successful completion of the Trial Operations, operate and maintain the Facilities and the Associated Infrastructure for 15 years; (vii) receive, treat and process Sewage up to the Design Capacity; (viii) store, treat, market, sell or dispose of the STP By-Productsand the Treated Effluent in accordance with this Agreement; (ix) transfer the Facilities and the Associated Infrastructure to the Jal ▇▇▇▇▇ upon the expiry of the Term or termination of this Agreement, after rectification of any defects in the Facilities or the Associated Infrastructure, in accordance with the Hand-back Conditions and the Hand-back Requirements; (x) receive the Construction Payments during the Construction Period and the O&M Payments during the O&M Period, subject to compliance with the terms and performance of the obligations under this Agreement; (xi) appoint Subcontractors, agents, advisors and consultants and enter into Subcontracts to undertake the Project,with the prior approval of the Jal ▇▇▇▇▇; and (xii) construct a Power Plant at the Site, at its sole option and discretion.

Grant of Concession. 2.1.1 In consideration of the Concessionaire’s obligations contained in this Agreement and relying on the Concessionaire’s representations, warranties and covenants contained herein, the GoS, subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the Applicable Permits, the Authority hereby grants to the Concessionaire the concession set forth herein including the exclusive right, licence and authority to design, develop, engineer, finance, procure, construct, build, own, operate, maintain and market the Project (athe “Concession”) On for a period of 12.5 (twelve and a half) years commencing from the Effective Date and ending on the Final Expiry Date or the Terminate Date (whichever is earlier), of this Agreement transfer the Project to the Project Co-operative Society nominated by the GoS in accordance with the terms hereof, and the Concessionaire hereby accepts the Concession and agrees to implement the Scope of the Project subject to and in accordance with the terms and conditions set forth herein. 2.1.2 Subject to and in accordance with the provisions of this Agreement, Applicable Laws and Applicable Permits, the Jal ▇▇▇▇▇ grants to the Concessionaire the exclusive right to: (i) design, finance, engineer, construct, develop and complete the Facilities; (ii) design, finance, rehabilitate and upgrade the Associated Infrastructure; and (iii) upon completion of construction of the Facilities and the rehabilitation of the Associated Infrastructure, operate and maintain the Facilities and the Associated Infrastructure during the O&M Period. (b) The grant of the concession set out in Clause 2.2(a) Concession hereby granted shall oblige or entitle the Concessionaire, (as the case may be, to ) the followingConcessionaire to: (ia) Right of Way, access and Lease to the Site from the Effective Date, for the sole purpose of implementing and to the extent conferred by the provisions of this Agreement; (b) finance the Project; (iic) apply for design, develop, engineer, finance, procure, construct, build, own, operate, maintain, market and obtain all Applicable Permits manage the Project and utilities required regulate the use thereof by third parties and then upon Termination of this Agreement, transfer the Project to undertake the ProjectProject Co-operative Society; (iiid) raise funds (through both debt demand, collect and equity financing) to finance 60% appropriate Advance Bookings and other fees and payments from Sub-Lessees and the CAFP Sub-Lessees and other users in accordance with the Approved Business Plan and enter into legally valid and enforceable Sub-Lessees and the CAFP Sub-Leases with Sub-Lessees and CAFP Sub-Leases respectively and give possessions thereof upon or after receipt of the Bid Project Costcomplete payment from each of them; (ive) complete the construction perform and fulfil all of the Facilities Concessionaire’s obligations under and the rehabilitation of the Associated Infrastructure on or before the Scheduled Construction Completion Date; (v) upon completion of construction of the Facilities and the rehabilitation of the Associated Infrastructure, undertake Trial Operations during the Trial Period; (vi) upon successful completion of the Trial Operations, operate and maintain the Facilities and the Associated Infrastructure for 15 years; (vii) receive, treat and process Sewage up to the Design Capacity; (viii) store, treat, market, sell or dispose of the STP By-Productsand the Treated Effluent in accordance with this Agreement; (ixf) transfer the Facilities bear and the Associated Infrastructure pay all costs, expenses and charges in connection with or incidental to the Jal ▇▇▇▇▇ upon the expiry of the Term or termination of this Agreement, after rectification of any defects in the Facilities or the Associated Infrastructure, in accordance with the Hand-back Conditions and the Hand-back Requirements; (x) receive the Construction Payments during the Construction Period and the O&M Payments during the O&M Period, subject to compliance with the terms and performance of the obligations of the Concessionaire under this Agreement; (xi) appoint Subcontractors, agents, advisors and consultants and enter into Subcontracts to undertake the Project,with the prior approval of the Jal ▇▇▇▇▇; and (xiig) construct a Power Plant at neither assign, transfer or sublet or create any lien or Encumbrance on this Agreement, or the SiteConcession hereby granted or on the whole or any part of the Project nor transfer, at its sole option lease, sub-lease or part possession thereof, save and discretionexcept as expressly permitted by this Agreement or the Substitution Agreement.

Grant of Concession. (a) On and from Upon the Effective Date terms and subject to the terms conditions of this Agreement, Applicable Laws effective at the Time of Closing, (a) the Concessionaire shall pay the University the exact amount of $1,015,000,000 in cash (the “Closing Consideration”) in accordance with Section 2.2(a), (b) the University shall (i) demise and Applicable Permitslease the Utility System Land and the Utility Facilities to the Concessionaire free and clear of Encumbrances other than Permitted University Encumbrances and on an exclusive basis, other than as expressly provided in this Agreement, for and during the Jal term (the “Term”) commencing on the Closing Date and expiring on the 50th anniversary of the Closing Date (or such later date as may be required to effect a Delay Event Remedy but subject to earlier termination as provided in this Agreement), provided that such demise and lease of the Utility Facilities other than those located on the Utility System Land shall not prevent the University from using, occupying, developing, leasing or otherwise enjoying the real property and the improvements other than the Utility Facilities on which the Utility Facilities are located without the payment of any fee, charge or rent to the Concessionaire, (ii) grant the Concessionaire a non-exclusive license during the Term, appurtenant to the leasehold interest described in clause (i) above, to access (A) the Tunnels, (B) the Public Way and (C) the basement of ▇▇▇▇-▇▇▇▇▇▇▇▇ grants ▇▇▇▇ and the well fields under Hale Green and South Oval where certain geothermal equipment and improvements identified on Part XII of Schedule 3 are located, in each case solely in order to operate, maintain, repair, replace, improve and service the Utility Facilities located therein to the extent permitted or required under this Agreement, (iii) grant the Concessionaire, free and clear of any Encumbrances (other than Permitted University Encumbrances) an exclusive right for and during the Term to operate the Utility System (and any expansions, improvements or replacements thereto) and to provide Utility Services on the Columbus Campus (except as expressly provided herein), and in connection therewith (A) to use, possess, control, operate, manage, modify, maintain and rehabilitate the Utility System; and (B) to charge the Utility Fee; and (iv) assign, transfer and otherwise convey to the Concessionaire the exclusive right to: (i) design, finance, engineer, construct, develop and complete the Facilities; (ii) design, finance, rehabilitate and upgrade the Associated Infrastructure; and (iii) upon completion by ▇▇▇▇ of construction sale each of the Facilities Utility System Assets identified on Schedule 3, free and clear of any Encumbrances (other than Permitted University Encumbrances) and the rehabilitation of Concessionaire shall accept each such demise, lease, grant, assignment, transfer and conveyance, (c) the Associated Infrastructure, operate and maintain the Facilities University and the Associated Infrastructure during Concessionaire shall execute the O&M Period. (b) The grant of the concession set out in Clause 2.2(a) shall oblige or entitle the Concessionaire, as the case may be, to the following: (i) access to the Site from the Effective Date, for the sole purpose of implementing the Project; (ii) apply for and obtain all Applicable Permits and utilities required to undertake the Project; (iii) raise funds (through both debt and equity financing) to finance 60% of the Bid Project Cost; (iv) complete the construction of the Facilities and the rehabilitation of the Associated Infrastructure on or before the Scheduled Construction Completion Date; (v) upon completion of construction of the Facilities and the rehabilitation of the Associated Infrastructure, undertake Trial Operations during the Trial Period; (vi) upon successful completion of the Trial Operations, operate and maintain the Facilities and the Associated Infrastructure for 15 years; (vii) receive, treat and process Sewage up to the Design Capacity; (viii) store, treat, market, sell or dispose of the STP By-Productsand the Treated Effluent in accordance with this Agreement; (ix) transfer the Facilities and the Associated Infrastructure to the Jal ▇▇▇▇▇▇▇▇▇ upon Sublease and (d) the expiry of the Term or termination of this Agreement, after rectification of any defects in the Facilities or the Associated Infrastructure, in accordance with the Hand-back Conditions University and the HandConcessionaire shall execute the Design-back Requirements; Build Agreement to the extent required by Section 4.3(g) (x) receive collectively, the Construction Payments during the Construction Period and the O&M Payments during the O&M Period, subject to compliance with the terms and performance of the obligations under this Agreement; (xi) appoint Subcontractors, agents, advisors and consultants and enter into Subcontracts to undertake the Project,with the prior approval of the Jal ▇▇▇▇▇; and (xii) construct a Power Plant at the Site, at its sole option and discretion“Transaction”).

Grant of Concession. (a) On and from the Effective Date and subject to the terms of this Agreement, Applicable Laws and Applicable Permits, the Jal ▇▇▇▇▇ Executive Agency grants to the Concessionaire the exclusive right to: (i) design, finance, engineer, construct, develop construct and complete the Facilities; (ii) design, finance, rehabilitate and upgrade the Associated Infrastructure; and (iiiii) upon completion of construction of the Facilities and the rehabilitation of the Associated InfrastructureFacilities, operate and maintain the Facilities and the Associated Infrastructure during the O&M Period. (b) The grant of the concession set out in Clause 2.2(a) shall oblige or entitle the Concessionaire, as the case may be, to the following: (i) access to the Site from the Effective Date, for the sole purpose of implementing the Project; (ii) apply for and obtain all the Concessionaire Applicable Permits and utilities required to undertake the Project; (iii) raise funds (through both debt and equity financing) to finance 60% of the Bid Project Cost; (iv) complete the construction of the Facilities and the rehabilitation of the Associated Infrastructure on or before the Scheduled Construction Completion Date; (v) upon completion of construction of the Facilities and the rehabilitation of the Associated InfrastructureFacilities, undertake Trial Operations during the Trial PeriodOperations; (vi) upon successful completion of the Trial Operations, operate and maintain the Facilities and the Associated Infrastructure for 15 years; (vii) receive, treat and process Sewage up to the Design Capacity; (viii) store, treat, market, sell or dispose of the STP By-Productsand the Treated Effluent Products subject to and in accordance with this Agreement; (ix) store, treat or dispose of the Treated Effluent subject to and in accordance with this Agreement; (x) transfer the Facilities and the Associated Infrastructure to the Jal ▇▇▇▇▇ Executive Agency upon the expiry of the Term or termination of this Agreement, after rectification of any defects in the Facilities or the Associated InfrastructureFacilities, in accordance with the Hand-back Conditions and the Hand-back Requirements; (xxi) receive the Construction Payments during the Construction Period and the O&M Payments during the O&M Period, subject to compliance with the terms and performance of the obligations under this Agreement; (xixii) appoint Subcontractors, agents, advisors and consultants and enter into Subcontracts to undertake the Project,, with the prior approval of the Jal ▇▇▇▇▇Executive Agency; (xiii) construct a biogas Power Plant or a solar rooftop Power Plant at the Farrukhabad Site, at its sole option and discretion; and (xiixiv) construct a solar rooftop Power Plant at the Fatehgarh Site, at its sole option and discretion. (xv) The Concessionaire must operate and maintain Fatehgarh STP 3 (the existing STP of 2.7 MLD capacity based on oxidation pond at Hatikhana, Fatehgarh) from Effective Date to Farrukhabad-Fatehgarh COD, above in accordance with Good Industry Practices, to ensure compliance with the Guaranteed Interim Availability;

Grant of Concession. (a) On 3.1.1 Subject to and from in accordance with the Effective Date and subject to the terms provisions of this Agreement, the Applicable Laws and Applicable PermitsLaws, the Jal ▇▇▇▇▇ Applicable Permits and Good Industry Practice, the Authority hereby grants to the Concessionaire and the Concessionaire hereby accepts the exclusive right to: (i) designright, license and authority to plan, equip, finance, engineeroperate, constructmaintain, develop and complete transfer the Facilities; Project Hospitals at the Site(s) (iithe "Concession") designfor a period of ten [10] years (or until early termination by a Termination Notice in accordance with this Agreement), financecommencing from the Appointed Date and ending on the Transfer Date (the “Concession Period”), rehabilitate and upgrade to exercise and/or enjoy the Associated Infrastructure; and rights, power, privileges and entitlements as set forth in this Agreement and implement the Project subject to and in accordance with the terms and conditions set forth herein. Provided that in the event the Concessionaire shall have discharged its obligations under this Agreement without any material breach thereof for a period of 9 (iiinine) upon completion of construction years from the Appointed Date, it may by notice to be given no later than 30 (thirty) days from the 9th (ninth) anniversary of the Facilities and the rehabilitation Appointed Date, seek extension of the Associated InfrastructureConcession Period, operate and maintain in such an event the Facilities Authority shall no later than 90 (ninety) days from the receipt of the notice given by the Concessionaire provide a list of technical specifications and standards to be adhered to by the Associated Infrastructure Concessionaire during the O&M extended Concession Period. Within 30 (thirty) days of receipt of such list of technical specifications and standards from the Authority, the Concessionaire shall notify the Authority of its acceptance or refusal of the technical specifications and standards, and if the Concessionaire accepts and undertakes to comply with such technical specifications and standards, it shall be entitled to an additional Concession Period of 10 (ten) years, on the terms and conditions set out herein. For the avoidance of doubt, material breach shall for the purposes hereof mean Suspension and/or cumulative levy of Damages exceeding a sum equivalent to 10% (ten percent) of the Performance Security. (b) The grant 3.1.2 Subject to and in accordance with the provisions of this Agreement, the concession set out in Clause 2.2(a) Concession hereby granted shall oblige or entitle the Concessionaire, (as the case may be) the Concessionaire, to during the followingConcession Period to: (ia) Right of Way, access and license to the Site from and the Effective Date, Project Hospitals for the sole purpose of implementing the Project; (ii) apply for and obtain all Applicable Permits and utilities required to undertake the Project; (iii) raise funds (through both debt and equity financing) to finance 60% of the Bid Project Cost; (iv) complete the construction of the Facilities and the rehabilitation of the Associated Infrastructure on or before the Scheduled Construction Completion Date; (v) upon completion of construction of the Facilities and the rehabilitation of the Associated Infrastructure, undertake Trial Operations during the Trial Period; (vi) upon successful completion of the Trial Operations, operate and maintain the Facilities and the Associated Infrastructure for 15 years; (vii) receive, treat and process Sewage up to the Design Capacity; (viii) store, treat, market, sell or dispose extent conferred by the provisions of the STP By-Productsand the Treated Effluent in accordance with this Agreement; (ixb) plan, equip, finance, operate, maintain, and transfer the Project Facilities as per the terms and conditions of this Agreement including Specifications and Standards, Applicable Laws, Applicable Permits, terms of Clearances, Good Industry Practice, Good Clinical Practice and Good Healthcare Practice and transfer the Associated Infrastructure same to the Jal ▇▇▇▇▇ upon Authority or its nominated agency on the expiry or the prior termination of the Term Concession Period; (c) perform and fulfill all of the Concessionaire's obligations in accordance with this Agreement including Specifications and Standards, Applicable Laws, Applicable Permits, terms of Clearances, Good Industry Practice, Good Clinical Practice and Good Healthcare Practice; (d) on and from the COD and until the Transfer Date, the Concessionaire shall not be entitled to demand, charge, collect, retain, or appropriate the User Charges through any means, device or arrangement; (e) provide Services to the Users as per Good Clinical Practice and Good Healthcare Practice; (f) obtain all applicable permits and approvals in respect of implementation of the Project in terms hereof. (g) bear and pay all costs, expenses and charges in connection with or incidental to the performance of the obligations of the Concessionaire under this Agreement; and (h) exercise such other rights and obligations as the Authority may determine as being necessary or desirable for the purpose incidental and necessary for implementing the Project. 3.1.3 Upon the termination of this Agreement, after rectification of any defects in the Facilities or the Associated Infrastructure, in accordance with the Hand-back Conditions and the Hand-back Requirements; (x) receive the Construction Payments during the Construction Period and the O&M Payments during the O&M Period, subject either due to compliance with the terms and performance expiry of the Concession Period or due to any other reason, the Concessionaire shall comply with obligations under this Agreement; (xi) appoint Subcontractors, agents, advisors and consultants and enter into Subcontracts to undertake the Project,with the prior approval of the Jal ▇▇▇▇▇; and (xii) construct a Power Plant at the Site, at its sole option and discretionprovided in Article 33.

Grant of Concession. (a) On and from the Effective Date and subject to the terms of this Agreement, Applicable Laws and Applicable Permits, the Jal ▇▇▇▇▇ grants to the Concessionaire the exclusive right to: (i) design, finance, engineer, construct, develop construct and complete the Facilities; (ii) design, finance, rehabilitate and upgrade the Associated Infrastructure; and (iiiii) upon completion of construction of the Facilities and the rehabilitation of the Associated InfrastructureFacilities, operate and maintain the Facilities and the Associated Infrastructure during the O&M Period. (b) The grant of the concession set out in Clause 2.2(a) shall oblige or entitle the Concessionaire, as the case may be, to the following: (i) access to the Site from the Effective Date, for the sole purpose of implementing the Project; (ii) apply for and obtain all the Concessionaire Applicable Permits and utilities required to undertake the Project; (iii) raise funds (through both debt and equity financing) to finance 60% of the Bid Project Cost; (iv) complete the construction of the Facilities and the rehabilitation of the Associated Infrastructure on or before the Scheduled Construction Completion Date; (v) upon completion of construction of the Facilities and the rehabilitation of the Associated InfrastructureFacilities, undertake Trial Operations during the Trial PeriodOperations; (vi) upon successful completion of the Trial Operations, operate and maintain the Facilities and the Associated Infrastructure for 15 years; (vii) receive, treat and process Sewage up to the Design Capacity; (viii) store, treat, market, sell or dispose of the STP By-Productsand the Treated Effluent Products subject to and in accordance with this Agreement; (ix) store, treat or dispose of the Treated Effluent subject to and in accordance with this Agreement; (x) transfer the Facilities and the Associated Infrastructure to the Jal ▇▇▇▇▇ upon the expiry of the Term or termination of this Agreement, after rectification of any defects in the Facilities or the Associated InfrastructureFacilities, in accordance with the Hand-back Conditions and the Hand-Hand- back Requirements; (xxi) receive the Construction Payments during the Construction Period and the O&M Payments during the O&M Period, subject to compliance with the terms and performance of the obligations under this Agreement; (xixii) appoint Subcontractors, agents, advisors and consultants and enter into Subcontracts to undertake the Project,, with the prior approval of the Jal ▇▇▇▇▇; and; (xiixiii) construct a solar rooftop Power Plant at the Jagjeetpur Site and/or the Sarai Site, at its sole option and discretion.

Grant of Concession. (a) On and from the Effective Date and subject to the terms of this Agreement, Applicable Laws and Applicable Permits, the Jal ▇▇▇▇▇ grants to the Concessionaire the exclusive right to: (i) design, finance, engineer, construct, develop rehabilitate and complete the Mirzapur Facilities; (ii) design, finance, restore and rehabilitate and upgrade the Associated Infrastructure; andExisting Facilities; (iii) operate and maintain the Existing Facilities; (iv) upon completion of construction of the Facilities and the construction/rehabilitation of the Associated InfrastructureMirzapur Facilities, operate and maintain the Mirzapur Facilities from the relevant COD and the Associated Infrastructure during Mirzapur Handover Date until the O&M PeriodExpiry Date subject to early termination of this Agreement. (b) The grant of the concession set out in Clause 2.2(a) shall oblige or entitle the Concessionaire, as the case may be, to the following: (i) access to the Mirzapur Site from the Effective Date, for the sole purpose of implementing the Project; (ii) operate and maintain the Existing Mirzapur STP from the Effective Date until the Expiry Date. It is clarified that while the Concessionaire's obligation to operate and maintain the Existing Mirzapur STP will commence from the Effective Date, the Concessionaire's right to receive the relevant O&M Charges will commence from the relevant COD. However, the Concessionaire must operate and maintain the Existing Facilities in accordance with Good Industry Practices during the relevant Construction Period, to ensure compliance with the Guaranteed Interim Availability; (iii) apply for and obtain all the Concessionaire Applicable Permits and utilities required to undertake the Project; (iiiiv) raise funds (through both debt and equity financing) to finance 60% of the Aggregate Bid Project Cost; (ivv) complete the construction of the Facilities and the rehabilitation of the Associated Infrastructure Mirzapur Facilities on or before the Scheduled Mirzapur Construction Completion Date; (vvi) upon completion of construction of achieving the Facilities and the rehabilitation of the Associated Infrastructure, Mirzapur Construction Completion Date undertake Trial Operations during in respect of the Trial PeriodMirzapur Facilities; (vivii) upon successful completion of the Trial Operationsconstruction/rehabilitation of the Mirzapur Facilities as evidenced by issuance of the relevant COD certificate, operate and maintain the Mirzapur Facilities and until the Associated Infrastructure for 15 yearsExpiry Date; (viiviii) receive, convey, handle and treat and process Sewage up to the Design CapacityCapacity of each Mirzapur STP; (viiiix) store, treat, market, sell or dispose of the STP By-Productsand Products, and the Treated Effluent subject to and in accordance with this Agreement; (ixx) transfer the Facilities and the Associated Infrastructure to the Jal ▇▇▇▇▇ upon the expiry of the Term or termination of this Agreement, after rectification of any defects in the Facilities or the Associated InfrastructureFacilities, in accordance with the Hand-back Conditions and the Hand-back Requirements; (xxi) receive the Mirzapur Construction Payments during the Mirzapur Construction Period Period, and the relevant O&M Payments during the O&M Period, subject to compliance with the terms and performance of the obligations under this Agreement; (xixii) appoint Subcontractors, agents, advisors and consultants and enter into Subcontracts to undertake the Project,, with the prior approval of the Jal ▇▇▇▇▇; and (xiixiii) [construct a biogas Power Plant at the Siteor a solar rooftop power plant, at its sole option and discretion.discretion.]5

Grant of Concession. 3.1. Subject to and in accordance with the terms and conditions set forth in this Agreement, theAuthority hereby grants to the Concessionaire and the Concessionaire hereby accepts the Concession for a period of 10 (aten) On years, i.e.3,652 (three thousand six hundred and fiftytwo only) days commencing from the Effective Date and subject ending on the Expiry Date (the “Concession Period”), including the license and authority during the subsistence of this Agreement to implement the Project and the Concession in respect of the Project. 3.2. Subject to and in accordance with the terms and conditions set forth in this Agreement, the Agreement hereby granted shall oblige the Concessionaire to undertake the following in accordance with the provisions of this Agreement, the Applicable Laws and Applicable Permits, the Jal ▇▇▇▇▇ grants to the Concessionaire the exclusive right to: (ia) To design, finance, engineer, construct, develop and complete the Facilities; (ii) design, finance, rehabilitate and upgrade the Associated Infrastructure; and (iii) upon completion of construction of the construct Project Facilities and the rehabilitation of the Associated Infrastructure, operate and maintain the Facilities and the Associated Infrastructure during the O&M Period. (b) The grant of the concession set out in Clause 2.2(a) shall oblige or entitle the Concessionaire, as the case may be, to the following: (i) access to the Site from the Effective Date, for the sole purpose of implementing the Project; (ii) apply for and obtain all Applicable Permits and utilities required to undertake the Project; (iii) raise funds (through both debt and equity financing) to finance 60% of the Bid Project Cost; (iv) complete the construction of the Facilities and the rehabilitation of the Associated Infrastructure on or before the Scheduled Construction Completion Date; (v) upon completion of construction of the Facilities and the rehabilitation of the Associated Infrastructure, undertake Trial Operations during the Trial Period; (vi) upon successful completion of the Trial Operations, operate and maintain the Facilities and the Associated Infrastructure for 15 years; (vii) receive, treat and process Sewage up to the Design Capacity; (viii) store, treat, market, sell or dispose of the STP By-Productsand the Treated Effluent in accordance with this Agreement; b) To provide services to Users within the Service Area as stipulated in Clause 2.2.1; c) To investigate, study, design, engineer, procure, construct, operate and maintain the Project Facilities in accordance with this Agreement and / or enjoy the rights, powers, benefits, privileges, authorizations and entitlements as set forth in this Agreement to provide the services in Service Area (ix“the Concession”); d) transfer To enter upon and use the Service Area including all rights of way and easements relating to the Project to perform its rights and obligations under this Agreement free of charge, including the right to conduct any kind of work in the streets and other public places of the Service Area, in order to develop the Project Facilities and the Associated Infrastructure provide Services to the Jal ▇▇▇▇▇ upon Service Area during the expiry of the Term or termination of Concession Period; e) To generate revenueby way of: i. Leasing out advertisement space at She Lounge ii. User charges for smart public toilets; iii. Leasing space for various activities such as ATMs, kiosks, mini-shops at She Lounge; iv. Power generation through solar panels; v. License fee for Wi-Fi hotspot(s) operator; vi. License fee for mobile phone booster tower(s) operator, etc.; f) To fulfill its obligations under this Agreement, the Concessionaire shall have the right to undertake activities either by itself or through subcontracting arrangements which shall be entered into only after rectification obtaining prior written approval of any defects the Authority.; g) To exercise such other rights as the Authority may determine as being necessary or desirable and which it consents to in writing, for the purposes incidental and necessary for the provision of the Services having regard to the needs of the Users; h) To bear and pay all expenses, costs and charges incurred in the Facilities or fulfillment of all the Associated Infrastructure, in accordance with the Hand-back Conditions and the Hand-back Requirements; (x) receive the Construction Payments during the Construction Period and the O&M Payments during the O&M Period, subject to compliance with the terms and performance of the Concessionaire’s obligations under this Agreement; (xii) appoint SubcontractorsTo file first information report with police department regarding unauthorized / illegal connections, agentsdamages to the Project Facilities by any Person, advisors and consultants and enter into Subcontracts to undertake the Project,with the prior approval of the Jal ▇▇▇▇▇etc.; and (xiij) construct a Power Plant at Not to assign or create any lien or Encumbrance on the SiteContract hereby granted or on the whole or any part of the Project nor transfer, at its sole option lease or part possession therewith save and discretionexcept as expressly permitted by this Agreement.