SITE AND ASSET OWNERSHIP Clause Samples

SITE AND ASSET OWNERSHIP. 4.1 Grant of License over the STP Site (a) BUIDCO shall grant the Concessionaire a license over the Digha STP Site and the Kankarbagh STP Site, along with all necessary rights of way, to enter upon, access and occupy the Digha STP Site and the Kankarbagh STP Site, free of all Encumbrances in accordance with this Clause 4.1, Applicable Laws, and Applicable Permits. The license granted to the Concessionaire shall include the exclusive right to: (i) design, construct and commission the STP Facilities including I&D Works; (ii) operate and maintain the STP Facilities during the O&M Period; (iii) install, operate, use, maintain, and remove such equipment, devices or other structures and improvements on, over, or under the STP Site, as may be necessary or appropriate for the operations and activities required or permitted under this Agreement; (iv) use access roads, gates, fences and utilities at or about the STP Site; (v) discharge, store, treat and manage the STP By-Products and the Treated Effluent produced by the STP Facilities; and (vi) construct, use, operate, maintain, replace and repair electric lines, telecommunication lines, water supply networks and other utilities required to undertake the Project at the STP Site. (b) On and from the Effective Date and subject to the provisions of this Concession Agreement, BUIDCO shall grant the Concessionaire: (i) a license over the Digha STP Site and the Kankarbagh STP Site including the exclusive right to occupy and use the Digha STP Site and the Kankarbagh STP Site to construct the STP Facilities; and (ii) all necessary rights of way to the Digha STP Site and the Kankarbagh STP Site. Any charges payable for obtaining the right of way will be paid directly by BUIDCO. (c) BUIDCO shall provide the Digha STP Site and the Kankarbagh STP Site to the Concessionaire free of Encumbrances and encroachments as a Condition Precedent. If the Concessionaire discovers any hazardous substances at the time of handover of the Digha STP Site and/or the Kankarbagh STP Site by BUIDCO, BUIDCO will remove such hazardous substances at its own cost and expense. (d) The Concessionaire shall not without the prior written consent or approval of BUIDCO use the STP Site for any purpose other than to undertake the Project and purposes incidental thereto, as permitted under this Concession Agreement or as may be otherwise approved by BUIDCO. (e) The full ownership and title over the STP Site shall vest with BUIDCO for the entire Term. (f) BUIDC...
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SITE AND ASSET OWNERSHIP 
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Related to SITE AND ASSET OWNERSHIP

  • Property Ownership Except as set forth in the Registration Statement and the Prospectus or in the SEC Documents and except as would not reasonably be expected to result in, individually or in the aggregate, a Material Adverse Effect, (i) each of the Company and its Subsidiaries owns its property and assets free and clear of all Liens, except such Liens which arise in the ordinary course of business and do not impair its ownership or use of such property or assets, and (ii) with respect to the property and assets it leases, if any, each of the Company and its Subsidiaries is in compliance with such leases and, to its knowledge, holds a valid leasehold interest free of any Liens except as set forth under the terms of the lease.

  • Properties and Assets (a) Each Subject Company has a valid and enforceable leasehold interest in each of the leased premises in which it currently conducts its business, except as may be affected by bankruptcy, insolvency, reorganization, moratorium and other similar laws relating to or affecting creditors’ rights generally or general equitable principles. Section 2.12(a) of the Seller Disclosure Letter identifies, as of the date hereof, all of the leases for real property to which each Subject Company is a party (the “Leases”). Except as set forth in Section 2.12(a) of the Disclosure Letter, the Leases constitute all real property owned, leased, subleased, licensed or otherwise used in the operation of the Business. The Sellers have previously provided or otherwise made available to Apollo true, complete and correct copies of such Leases. As of the date hereof, except as would not reasonably be expected to have, individually or in the aggregate, be Material to a Reasonable Investor, there is no default by the lessee or, to the Sellers’ Knowledge, the lessor under any such lease and to the Sellers’ Knowledge the use and operation of the property subject to the Leases does not violate any Applicable Law. Except as may be affected by bankruptcy, insolvency, reorganization, moratorium and other similar laws relating to or affecting creditors’ rights generally or general equitable principles, (i) each Lease is the legal, valid and binding obligation of the Subject Company party thereto and, to the Knowledge of the Sellers, each other party to such Lease and (ii) each Lease is enforceable against such Subject Company and, to the Knowledge of the Sellers, each other party to such Lease. No Subject Company owns any real property. (b) Except as set forth in Section 2.12(a) of the Disclosure Letter, the Subject Companies own and have (and as of the Closing, shall own and have) good, valid and marketable title to or, in the case of leased property, good and valid leasehold interests in, or otherwise have (and as of the Closing, shall have) full or sufficient and legally enforceable rights to use, all of the properties, assets and rights (tangible or intangible, and real, personal or mixed) used or held for use in connection with, necessary for the conduct of, or otherwise material to the operations of, the Business as it is conducted as of the date hereof and as it will be conducted immediately prior to the Closing, in each case free and clear of any Lien other than Permitted Liens, except for any failure to have any such title, interest or right that would not, individually or in the aggregate, be Material to a Reasonable Investor. The Subject Companies have maintained in all material respects all tangible assets in good repair, working order and operating condition, subject only to ordinary wear and tear, except for any failure to be in good repair, working order or operating condition that would not, individually or in the aggregate, be Material to a Reasonable Investor.

  • Title to Properties and Assets Each Group Company has good and marketable title to all respective properties and assets, in each case such property and assets are subject to no Liens. With respect to the property and assets it leases, each Group Company is in compliance with such leases and holds valid leasehold interests in such assets free of any Liens.

  • Property and Assets The Company has good title to all of its material properties and assets, including all properties and assets reflected in the Balance Sheet, except those disposed of since the date thereof in the ordinary course of business, and none of such properties or assets is subject to any mortgage, pledge, lien, security interest, lease, charge or encumbrance other than those the material terms of which are described in Section 3.12 of the Disclosure Schedule.

  • Real Properties The Company does not have an interest in any real property, except for the Leases (as defined below).