Common use of Rights over the Project Site Clause in Contracts

Rights over the Project Site. (a) The Concessionaire shall have exclusive rights to the use of the Project Site in accordance with the provisions of this Agreement. The Concessionaire shall allow access to, and use of the Project Site/ Project Facility for the authorities/agencies laying telecommunication lines, electric lines or such other public purposes as BSCDCL may specify, provided that such access or use does not result in a Material Adverse Effect or closure of Project Facility for a period exceeding 30 days at a stretch at any location and that BSCDCL undertakes to ensure that the Project Facility is restored at the cost and expenses of BSCDCL as per the Specifications and Standards. Where such access or use causes any loss of revenue to the Concessionaire, BSCDCL shall compensate the (b) The Concessionaire shall not part with or create any Encumbrance on the whole or any part of the Project Site save and except as set forth and permitted under this Agreement provided however that nothing contained herein shall be construed or interpreted as restriction on the right of the Concessionaire to appoint any Contractor for the performance of its obligations hereunder including for operation and maintenance of all or any part of the Project/ Project Facility.

Appears in 1 contract

Sources: Concession Agreement

Rights over the Project Site. (a) The Concessionaire shall have exclusive rights to the use of the Project Site in accordance with the provisions of this Agreement. The Concessionaire shall allow access to, and use of the Project Site/ Project Facility for the authorities/agencies laying telecommunication lines, electric lines or such other public purposes as BSCDCL ITEL may specify, provided that such access or use does not result in a Material Adverse Effect or closure of Project Facility for a period exceeding 30 days at a stretch at any location and that BSCDCL ITEL undertakes to ensure that the Project Facility is restored at the cost and expenses of BSCDCL ITEL as per the Specifications and Standards. Where such access or use causes any loss of revenue to the Concessionaire, BSCDCL ITEL shall compensate thethe Concessionaire for such loss by increasing the Concession Period suitably. (b) The Concessionaire shall not part with or create any Encumbrance on the whole or any part of the Project Site save and except as set forth and permitted under this Agreement provided however that nothing contained herein shall be construed or interpreted as restriction on the right of the Concessionaire to appoint any Contractor for the performance of its obligations hereunder including for operation and maintenance of all or any part of the Project/ Project Facility.

Appears in 1 contract

Sources: Concession Agreement