Common use of Lease, Access and Right of Way Clause in Contracts

Lease, Access and Right of Way. 10.1. 1Maha-Metro hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations that the Concessionaire may deem necessary prior to the Effective Date, it being expressly agreed and understood that Maha-Metro shall have no liability whatsoever in respect of survey, investigations carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.1. 2In consideration of this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, Maha-Metro, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Date, leasehold rights and vacant possession in respect of all the land comprising the Site which is described, delineated and shown in Schedule-A hereto (the “Leased Premises”), free of any Encumbrances, to develop, operate and maintain the said Leased Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Leased Premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.1. 3The lease, access and right of way granted by this Agreement to the Concessionaire shall always be subject to the existing right of way. 10.1. 4It is expressly agreed that the lease granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Maha-Metro to terminate the lease, 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 Concessionaire or its sub-lessee(s), the lease in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.1. 5The Concessionaire hereby irrevocably appoints Maha-Metro (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly Maha-Metro Representative of Maha-Metro, and the Concessionaire consents to it being registered for this purpose. 10.1. 6It is expressly agreed that trees on the Site are property of Maha-Metro except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. Provided further that, upon receipt of permission from competent authorities, the Concessionaire shall have the right to remove or transplant the trees for the purpose of construction of the Project.

Lease, Access and Right of Way. 10.1. 1Maha-Metro 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary prior to during the Effective DateConcession Period, it being expressly agreed and understood that Maha-Metro the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.1. 2In 10.2.2 In consideration of the Concession Fee, this Agreement and the covenants Covenants and warranties on the part of the Concessionaire herein contained, Maha-Metrothe Authority, in accordance with the terms and conditions set forth herein, hereby grants agrees to grant under the Land Lease Agreement, to the Concessionaire, commencing from the Effective Appointed Date, leasehold rights and vacant possession in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the “"Leased Premises”"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Leased Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Leased Premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoeverwhatsoever through the execution of the land lease agreement substantially in the form and manner annexed hereto as Schedule G ("Land Lease Agreement"). 10.1. 3The 10.2.3 The lease, access and right Right of way Way granted by this Agreement and the Land Lease Agreement to the Concessionaire shall always be subject to existing rights of way and the Concessionaire shall perform its obligations in a manner that the existing right approach road of waythe Project or an alternative thereof is open to users at all times during the Concession Period. 10.1. 4It 10.2.4 It is expressly agreed that the lease leasehold rights granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Maha-Metro the Authority to terminate the leaseLand Lease Agreement, 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 Concessionaire or its sub-lessee(s)lessee, the lease leasehold rights in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.1. 5The 10.2.5 The Concessionaire hereby irrevocably appoints Maha-Metro the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease leasehold rights granted under the Land Lease Agreement hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly Maha-Metro Representative authorised officer of Maha-Metrothe Authority, and the Concessionaire consents to it being registered for this purpose. 10.1. 6It 10.2.6 It is expressly agreed that trees on the Site are the property of Maha-Metro the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. Provided further that, upon receipt of permission from competent authorities, the Concessionaire shall have the right to remove or transplant the trees for the purpose of construction of the Project.

Lease, Access and Right of Way. 10.1. 1Maha-Metro hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations that the Concessionaire may deem necessary prior to the Effective Date, it being expressly agreed and understood that Maha-Metro shall have no liability whatsoever in respect of survey, investigations carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.1. 2In consideration of this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, Maha-Metro, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Date, leasehold rights and vacant possession in respect of all the land comprising the Site which is described, delineated and shown in Schedule-A hereto (the “Leased Premises”), free of any Encumbrances, to develop, operate and maintain the said Leased Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Leased Premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.1. 3The lease, access and right of way granted by this Agreement to the Concessionaire shall always be subject to the existing right of way. 10.1. 4It is expressly agreed that the lease granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Maha-Metro to terminate the lease, 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 Concessionaire or its sub-lessee(s), the lease in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.1. 5The Concessionaire hereby irrevocably appoints Maha-Metro (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly Maha-Metro Representative of Maha-Metro, and the Concessionaire consents to it being registered for this purpose. 10.1. 6It is expressly agreed that trees on the Site are property of Maha-Metro except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. Provided further that, upon receipt of permission from competent authorities, the Concessionaire shall have the right to remove or transplant the trees for the purpose of construction of the Project.

Lease, Access and Right of Way. 10.1. 1Maha-Metro a. The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary prior to during the Effective DateDevelopment Period, it being expressly agreed and understood that Maha-Metro the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.1. 2In b. In consideration of the Project, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, Maha-Metrothe Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, leasehold leave and lease rights and vacant possession in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the “Leased Premises”), on an “as is where is” basis, free of any Encumbrances, to develop, operate and maintain the said Leased Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Leased Premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.1. 3The c. The lease, access and right of way granted by this Agreement to the Concessionaire shall always be subject to the existing right rights of way. 10.1. 4It d. It is expressly agreed that the lease granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Maha-Metro the Authority to terminate the lease, 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 Concessionaire or its sub-lessee(s)lessee, the lease in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.1. 5The e. The Concessionaire hereby irrevocably appoints Maha-Metro the Authority (acting directly or its through a nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly Maha-Metro Representative authorized officer of Maha-Metrothe Authority, and the Concessionaire consents to it being registered for this purpose. 10.1. 6It f. It is expressly agreed that trees on the Site are property of Maha-Metro the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. Provided further that, upon receipt of permission from competent authorities, the . g. The Concessionaire shall have the right allow access to remove or transplant the trees for the purpose of construction and use of the ProjectSite for laying/installing/ maintaining telephone lines, electric lines, gas lines of the Gas Authority of India Limited or for such other public purposes as the Authority may specify, provided that such access or use shall not result in a Material Adverse Effect to the Concessionaire.

Lease, Access and Right of Way. 10.1. 1Maha-Metro 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary prior to during the Effective DateConcession Period, it being expressly agreed and understood that Maha-Metro the Authority shall have no liability whatsoever in respect of the survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.1. 2In 10.2.2 In consideration of the Lease Rent, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, Maha-Metrothe Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, leasehold rights and vacant possession in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-Schedule A hereto (the “"Leased Premises”"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Leased Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Leased Premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoeverwhatsoever through the execution of the land lease agreement substantially in the form and manner annexed hereto as Schedule F ("Land Lease Agreement"). 10.1. 3The 10.2.3 The lease, access and right Right of way Way granted by this Agreement and the Land Lease Agreement, to the Concessionaire shall always be subject to existing rights of way to the Existing Hospital and the Concessionaire shall perform its obligations in a manner that the existing right approach road of waythe Existing Hospital or an alternative thereof is open to users at all times during the Concession Period. 10.1. 4It 10.2.4 It is expressly agreed that the lease leasehold rights granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Maha-Metro the Authority to terminate the leaseLand Lease Agreement, 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 Concessionaire or its sub-lessee(s)sub- lessee, the lease leasehold rights in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.1. 5The 10.2.5 The Concessionaire hereby irrevocably appoints Maha-Metro the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease leasehold rights granted under the Land Lease Agreement hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly Maha-Metro Representative authorised officer of Maha-Metrothe Authority, and the Concessionaire consents to it being registered for this purpose. 10.1. 6It 10.2.6 It is expressly agreed that trees on the Site are the property of Maha-Metro the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. Provided further that, upon receipt of permission from competent authorities, the Concessionaire shall have the right to remove or transplant the trees for the purpose of construction of the Project.

Lease, Access and Right of Way. 10.1. 1Maha-Metro 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveyssite inspections, surveys and investigations that the Concessionaire may deem necessary prior to during the Effective DateDevelopment Period, it being expressly agreed and understood that Maha-Metro the Authority shall have no liability whatsoever in respect of surveysite inspections, survey and investigations carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.1. 2In consideration of this 10.2.2 This Agreement and the covenants and warranties on the part of the Concessionaire herein contained, Maha-Metrothe Authority, in accordance with the terms and conditions set forth hereinin the lease agreement, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, leasehold rights and vacant possession in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the “Leased Premises”), for a period of [99 (ninety nine)] years on an “as is where is” basis, free of any Encumbrances, to develop, operate and maintain the said Leased Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Leased Premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever.whatsoever.16 10.1. 3The 10.2.3 The lease, access and right of way granted by this Agreement to the Concessionaire shall always be subject to the existing right rights of way. 10.1. 4It 10.2.4 It is expressly agreed that the lease granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Maha-Metro the Authority to terminate the lease, 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 Concessionaire or its sub-lessee(s), the lease in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.1. 5The Concessionaire hereby irrevocably appoints Maha-Metro (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly Maha-Metro Representative of Maha-Metro, and the Concessionaire consents to it being registered for this purpose. 10.1. 6It is expressly agreed that trees on the Site are property of Maha-Metro except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. Provided further that, upon receipt of permission from competent authorities, the Concessionaire shall have the right to remove or transplant the trees for the purpose of construction of the Project.

Lease, Access and Right of Way. 10.1. 1Maha-Metro 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary prior to during the Effective DateDevelopment Period, it being expressly agreed and understood that Maha-Metro the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.1. 2In 10.2.2 In consideration of upfront one-time payment made by the Concessionaire to the Authority towards the cost of land earmarked for the development of the Site (hereinafter referred to as “Lease Consideration”) as per Schedule X of this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, Maha-Metrothe Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, leasehold lease rights and vacant possession in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the “"Leased Premises”"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Leased Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Leased Premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.1. 3The lease, access Such lease will be granted vide a Project Site Lease Deed as per Schedule V. The said Lease would be for an initial period of 30 years and right would be renewed for another period of way granted by this Agreement to 10 years only if the Concessionaire shall always be subject to would have refurbished the existing right of way. 10.1. 4It is expressly agreed that the lease granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Maha-Metro to terminate the lease, 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 Concessionaire or its sub-lessee(s), the lease in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination ropeway machinery as per clause 5.1.4 (i) of this Agreement. 10.1. 5The Concessionaire hereby irrevocably appoints Maha-Metro (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly Maha-Metro Representative of Maha-Metro, and the Concessionaire consents to it being registered for this purpose. 10.1. 6It is expressly agreed that trees on the Site are property of Maha-Metro except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. Provided further that, upon receipt of permission from competent authorities, the Concessionaire shall have the right to remove or transplant the trees for the purpose of construction of the Project.

Lease, Access and Right of Way. 10.1. 1Maha-Metro hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations that the Concessionaire may deem necessary prior to the Effective Date, it being expressly agreed and understood that Maha-Metro shall have no liability whatsoever in respect of survey, investigations carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.1. 2In consideration of this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, Maha-Metro, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Date, leasehold rights and vacant possession in respect of all the land project site comprising the Site which is described, delineated and shown in Schedule-A hereto (the “Leased Premises”), free of any Encumbrances, to develop, operate and maintain the said Leased Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Leased Premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.1. 3The lease, access and right of way granted by this Agreement to the Concessionaire shall always be subject to the existing right of way. 10.1. 4It is expressly agreed that the lease granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Maha-Metro to terminate the lease, 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 Concessionaire or its sub-lessee(s), the lease in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.1. 5The Concessionaire hereby irrevocably appoints Maha-Metro (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly Maha-Metro Representative of Maha-Metro, and the Concessionaire consents to it being registered for this purpose. 10.1. 6It is expressly agreed that trees on the Site are property of Maha-Metro except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. Provided further that, upon receipt of permission from competent authorities, the Concessionaire shall have the right to remove or transplant the trees for the purpose of construction of the Project.

Lease, Access and Right of Way. 10.1. 1Maha-Metro 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary prior to during the Effective DateDevelopment Period, it being expressly agreed and understood that Maha-Metro the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.1. 2In 10.2.2 In consideration of the Revenue Share and Concession Fee, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, Maha-Metrothe Authority, in accordance with the terms and conditions set forth herein, hereby grants hereby: (a) agrees to grant to the Concessionaire, under the Land Lease Agreement (to be executed as per terms hereof), Lease hold rights for a term of 99 years commencing from the Effective Appointed Date, leasehold rights and vacant possession in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the “Leased Premises”), free of any Encumbrances, to develop, operate and maintain the said Leased Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Leased Premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for on an “as is where is” basis, free of any Encumbrances, to develop, operate and maintain the Medical Facility on the said Leased Premises. , For avoidance of doubt, it is clarified and Parties agree and understand that the Lease period shall be co terminus with the duration of the Concession Period and, for is granted for the purposes permitted under this Agreement and Land Lease Agreement, and for no other purpose whatsoever; and (b) agrees to enter into the Land Lease Agreement, substantially in the form annexed hereto as Schedule FF, with the Concessionaire in respect of the Site on terms equivalent to the terms of the lease set out in this Clause 10.2. 10.1. 3The 10.2.3 The lease, access and right of way granted by this Agreement to the Concessionaire shall always be subject to the existing right rights of way. 10.1. 4It 10.2.4 It is expressly agreed that the lease granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Maha-Metro the Authority to terminate the lease, 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 Concessionaire or its sub-lessee(s)licensees, the lease in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.1. 5The 10.2.5 The Concessionaire hereby irrevocably appoints Maha-Metro the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly Maha-Metro Representative authorised officer of Maha-Metrothe Authority, and the Concessionaire consents to it being registered for this purpose. 10.1. 6It 10.2.6 It is expressly agreed that trees on the Site are property of Maha-Metro the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period. Provided further that, upon receipt of permission from competent authorities, the Concessionaire shall have the right to remove or transplant the trees for the purpose of construction of the Project.

Lease, Access and Right of Way. 10.1. 1Maha-Metro 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary prior to during the Effective DateConcession Period, it being expressly agreed and understood that Maha-Metro the Authority shall have no liability whatsoever in respect of the survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.1. 2In 10.2.2 In consideration of the Lease Rent, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, Maha-Metrothe Authority, in accordance with the terms and conditions set forth hereinherein and the land lease agreement, hereby grants agrees to grant to the Concessionaire, under the land lease agreement commencing from the Effective Appointed Date, leasehold rights and vacant possession in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-Schedule A hereto (the “"Leased Premises”"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Leased Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Leased Premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoeverwhatsoever through the execution of the land lease agreement substantially in the form and manner annexed hereto as Schedule F – Part I ("Land Lease Agreement"). 10.1. 3The 10.2.3 The lease, access and right Right of way Way granted by this Agreement and the Land Lease Agreement, to the Concessionaire shall always be subject to existing rights of way to the Existing Hospital and the Concessionaire shall perform its obligations in a manner that the existing right approach road of waythe Existing Hospital or an alternative thereof is open to users at all times during the Concession Period. 10.1. 4It 10.2.4 It is expressly agreed that the lease leasehold rights granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Maha-Metro the Authority to terminate the leaseLand Lease Agreement, 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 Concessionaire or its sub-lessee(s)sub- lessee, the lease leasehold rights in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.1. 5The 10.2.5 The Concessionaire hereby irrevocably appoints Maha-Metro the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease leasehold rights granted under the Land Lease Agreement hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly Maha-Metro Representative authorised officer of Maha-Metrothe Authority, and the Concessionaire consents to it being registered for this purpose. 10.1. 6It 10.2.6 It is expressly agreed that trees on the Site are the property of Maha-Metro the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. Provided further that, upon receipt of permission from competent authorities, the Concessionaire shall have the right to remove or transplant the trees for the purpose of construction of the Project.

Lease, Access and Right of Way. 10.1. 1Maha-Metro 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary prior to during the Effective DateConcession Period, it being expressly agreed and understood that Maha-Metro the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.1. 2In 10.2.2 In consideration of the Concession Fee, this Agreement and the covenants Covenants and warranties on the part of the Concessionaire herein contained, Maha-Metrothe Authority, in accordance with the terms and conditions set forth herein, hereby grants agrees to grant under the Land Lease Agreement, to the Concessionaire, commencing from the Effective Appointed Date, leasehold rights and vacant possession in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the “"Leased Premises”"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Leased Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Leased Premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoeverwhatsoever through the execution of the land lease agreement substantially in the form and manner annexed hereto as Schedule G ("Land Lease Agreement"). 10.1. 3The 10.2.3 The lease, access and right Right of way Way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way and the Concessionaire shall perform its obligations in a manner that the existing right approach road of waythe Project or an alternative thereof is open to users at all times during the Concession Period. 10.1. 4It 10.2.4 It is expressly agreed that the lease leasehold rights granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Maha-Metro the Authority to terminate the leaseLand Lease Agreement, 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 Concessionaire or its sub-lessee(s)lessee, the lease leasehold rights in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.1. 5The 10.2.5 The Concessionaire hereby irrevocably appoints Maha-Metro the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease leasehold rights granted under the Land Lease Agreement hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly Maha-Metro Representative authorised officer of Maha-Metrothe Authority, and the Concessionaire consents to it being registered for this purpose. 10.1. 6It 10.2.6 It is expressly agreed that trees on the Site are the property of Maha-Metro the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. Provided further that, upon receipt of permission from competent authorities, the Concessionaire shall have the right to remove or transplant the trees for the purpose of construction of the Project.

Lease, Access and Right of Way. 10.1. 1Maha-Metro 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary prior to during the Effective DateConcession Period, it being expressly agreed and understood that Maha-Metro the Authority shall have no liability whatsoever in respect of the survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.1. 2In 10.2.2 In consideration of the Lease Rent, this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, Maha-Metrothe Authority, in accordance with the terms and conditions set forth hereinherein and the land lease agreement, hereby grants agrees to grant to the Concessionaire, under the land lease agreement commencing from the Effective Appointed Date, leasehold rights and vacant possession in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-Schedule A hereto (the “"Leased Premises”"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Leased Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Leased Premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoeverwhatsoever through the execution of the land lease agreement substantially in the form and manner annexed hereto as Schedule F – Part I ("Land Lease Agreement"). 10.1. 3The 10.2.3 The lease, access and right Right of way Way granted by this Agreement and the Land Lease Agreement, to the Concessionaire shall always be subject to existing rights of way to the Existing Hospital and the Concessionaire shall perform its obligations in a manner that the existing right approach road of waythe Existing Hospital or an alternative thereof is open to users at all times during the Concession Period. 10.1. 4It 10.2.4 It is expressly agreed that the lease leasehold rights granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Maha-Metro the Authority to terminate the leaseLand Lease Agreement, 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 Concessionaire or its sub-lessee(s)lessee, the lease leasehold rights in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.1. 5The 10.2.5 The Concessionaire hereby irrevocably appoints Maha-Metro the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease leasehold rights granted under the Land Lease Agreement hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly Maha-Metro Representative authorised officer of Maha-Metrothe Authority, and the Concessionaire consents to it being registered for this purpose. 10.1. 6It 10.2.6 It is expressly agreed that trees on the Site are the property of Maha-Metro the Authority except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. Provided further that, upon receipt of permission from competent authorities, the Concessionaire shall have the right to remove or transplant the trees for the purpose of construction of the Project.

Lease, Access and Right of Way. 10.1. 1Maha-Metro hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations that the Concessionaire may deem necessary prior to the Effective Date, it being expressly agreed and understood that Maha-Metro shall have no liability whatsoever in respect of survey, investigations carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.1. 2In consideration of this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, Maha-Metro, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Date, leasehold development rights of airspace above Zero Mile Freedom Park Metro Station and vacant possession in respect of all the land Project Site comprising the Site which is described, delineated and shown in Schedule-A hereto (the “Leased Premises”), free of any Encumbrances, to develop, operate and maintain the said Leased Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Leased Premises, hereditaments or premises or any part thereof belonging to or in any way appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. 10.1. 3The lease, access and right of way granted by this Agreement to the Concessionaire shall always be subject to the existing right of way. 10.1. 4It is expressly agreed that the lease granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Maha-Metro to terminate the lease, 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 Concessionaire or its sub-lessee(s), the lease in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.1. 5The Concessionaire hereby irrevocably appoints Maha-Metro (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly Maha-Metro Representative of Maha-Metro, and the Concessionaire consents to it being registered for this purpose. 10.1. 6It is expressly agreed that trees on the Site are property of Maha-Metro except that the Concessionaire shall be entitled to exercise usufructuary rights thereon during the Concession Period. Provided further that, upon receipt of permission from competent authorities, the Concessionaire shall have the right to remove or transplant the trees for the purpose of construction of the Project.

Lease, Access and Right of Way. 10.1. 1Maha-Metro 10.2.1 The Authority hereby grants to the Concessionaire access to the Site for carrying out any surveys, investigations and soil tests that the Concessionaire may deem necessary prior to during the Effective DateDevelopment Period, it being expressly agreed and understood that Maha-Metro the Authority shall have no liability whatsoever in respect of survey, investigations and tests carried out or work undertaken by the Concessionaire on or about the Site pursuant hereto in the event of Termination or otherwise. 10.1. 2In 10.2.2 In consideration of forest land payments made by the Concessionaire to Forest Department towards the cost of forest land earmarked for the development of the Site this Agreement and the covenants and warranties on the part of the Concessionaire herein contained, Maha-Metrothe Authority, in accordance with the terms and conditions set forth herein, hereby grants to the Concessionaire, commencing from the Effective Appointed Date, leasehold leave and Lease rights and vacant possession in respect of all the land (along with any buildings, constructions or immovable assets, if any, thereon) comprising the Site which is described, delineated and shown in Schedule-A hereto (the “"Leased Premises”"), on an "as is where is" basis, free of any Encumbrances, to develop, operate and maintain the said Leased Premises, together with all and singular rights, liberties, privileges, easements and appurtenances whatsoever to the said Leased Premises, hereditaments or premises or any part thereof belonging to or in any way anyway appurtenant thereto or enjoyed therewith, for the duration of the Concession Period and, for the purposes permitted under this Agreement, and for no other purpose whatsoever. Such lease will be granted vide a forest land lease deed. The said forest land lease deed would be for an initial period of 30 years and would be renewed for another period of 10 years only if the Concessionaire would have refurbished the ropeway machinery as per clause 3.1.1 of this Agreement. 10.110.2.3 The Concessionaire shall not sub-lease the Site leased to it by the Authority under the forest land lease deed, to any person, in its entirety, in any manner, form or under any arrangements, device or method. 3The Provided, however, the Concessionaire may subject to the provisions hereof, sub-lease or sub-let, one or a combination of project components to reputed or well established names in the related field in which sub-lease or sub-let of project components may be granted for specified purposes. For avoidance of doubt, it is (a) shall not be further sub leased or sublet to any person, any manner, form or under any arrangement, device or method. 10.2.4 The lease, access and right of way granted by this Agreement to the Concessionaire shall always be subject to existing rights of way and the existing right of wayConcessionaire shall perform its obligations in a manner that the roads are unhindered and open to traffic at all times during the Construction Period. 10.1. 4It 10.2.5 It is expressly agreed that the lease Lease granted hereunder shall terminate automatically and forthwith, without the need for any action to be taken by Maha-Metro the Authority to terminate the leaseLease, 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 Concessionaire or its sub-lessee(s), the lease in respect of the Site shall automatically terminate, without any further act of the Parties, upon Termination of this Agreement. 10.1. 5The 10.2.6 The Concessionaire hereby irrevocably appoints Maha-Metro the Authority (or its nominee) to be its true and lawful attorney, to execute and sign in the name of the Concessionaire a transfer or surrender of the lease License granted hereunder at any time after the Concession Period has expired or has been terminated earlier in terms hereof, a sufficient proof of which will be the declaration of any duly Maha-Metro Representative authorised officer of Maha-Metrothe Authority, and the Concessionaire consents to it being registered for this purpose. 10.1. 6It 10.2.7 It is expressly agreed that that: i. trees on the Site are property of Maha-Metro the Authority except that the Concessionaire shall be entitled to exercise usufructuary usufructory rights thereon during the Concession Period; ii. Provided further that, upon receipt of permission from competent authorities, any archaeological discoveries shall belong to and vest in the Government and the Concessionaire shall promptly report the discovery thereof to the Authority and follow its instructions for safe removal thereof; and iii. mining rights do not form part of the license granted to the Concessionaire under this Agreement and the Concessionaire hereby acknowledges that it shall not have any mining rights or any interest in the underlying minerals or fossils on or under the Leased Premises. For the avoidance of doubt, mining rights mean the right to remove mine any and all minerals or transplant the trees for the purpose of construction of the Projectinterest therein.