The Concession. 3.1.1 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 construct, operate and maintain the Project (the “Concession”) for a period of [32]4 years commencing from the Appointed Date, and the Concessionaire hereby accepts the Concession and agrees to 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 without any material breach thereof for a period of [32 (thirty)] years from the Appointed Date, it shall have a right of first refusal in the event the Authority invites fresh bids for selection of a new concessionaire after the expiry of the Concession Period by efflux of time. 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 Performance Security. It is expressly agreed between the Parties that the first right of refusal shall mean that the Concessionaire will have a right to match the financial bid of the bidder selected without itself participating in such bidding process, if any, for undertaking the Project through a competitive bidding, after the expiry of the Concession Period by efflux of time. It is expressly agreed between the Parties that the terms and conditions for such additional period of [30] years after the expiry of the Concession Period shall be determined by the Authority. Provided [further] that the in the event Concessionaire successfully matches the financial bid of the bidder selected, if any, the Concessionaire shall have a right to undertake the Project for an additional period of [30] years on the terms and conditions as specified in such bidding document. It is expressly agreed between the Parties, in the event, no bidder is selected through the competitive bidding process and/or no bidder participates in the process for undertaking the Project, as the case may be, the Concessionaire may by notice to be given no later than the [180] days from the date of Termination seek extension of the additional [30] years and in such an event, it may be entitled to an additional period of [30] years, at the discretion of the Authority on the terms and conditions. specified in this Concession Agreement 3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted shall oblige or entitle (as the case may be) the Concessionaire to: (a) Right of Way, access and licence to the Site for the purpose of and to the extent conferred by the provisions of this Agreement; (b) finance and construct the Bus Terminal; (c) manage, operate and maintain the Bus Terminal ; (d) demand, collect and appropriate Fee from Users liable for payment of Fee for using the Bus Terminal or any part thereof and refuse entry of any Users if the Fee due is not paid; (e) perform and fulfil all of the Concessionaire‟s obligations under and in accordance with this Agreement; (f) 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 (g) neither assign, transfer or sublet or create any lien or Encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Bus Terminal nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement or the Substitution Agreement. 3.1.3 Subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Concession hereby granted shall, without prejudice to the provisions of Clause 3.1.2, entitle the Concessionaire to undertake development, operation and maintenance of the real estate at the Site specified in Schedule-A, subject to the conditions stipulated in Schedule-B and Schedule-D, and to exploit such development for commercial purposes (the “Commercial Complex”) with the right to sub-license any or all parts thereof by means of Project Agreements.
Appears in 5 contracts
Sources: Concession Agreement, Concession Agreement, Concession Agreement
The Concession. 3.1.1 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 construct, operate and maintain the Project (the “Concession”) for a period of [32]4 years commencing from the Appointed Date, and the Concessionaire hereby accepts the Concession and agrees to 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 without any material breach thereof for a period of [32 (thirty)] years from the Appointed Date, it shall have a right of first refusal in the event the Authority invites fresh bids for selection of a new concessionaire after the expiry of the Concession Period by efflux of time. 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 Performance Security. It is expressly agreed between the Parties that the first right of refusal shall mean that the Concessionaire will have a right to match the financial bid of the bidder selected without itself participating in such bidding process, if any, for undertaking the Project through a competitive bidding, after the expiry of the Concession Period by efflux of time. It is expressly agreed between the Parties that the terms and conditions for such additional period of [30] years after the expiry of the Concession Period shall be determined by the Authority. Provided [further] that the in the event Concessionaire successfully matches the financial bid of the bidder selected, if any, the Concessionaire shall have a right to undertake the Project for an additional period of [30] years on the terms and conditions as specified in such bidding document. It is expressly agreed between the Parties, in the event, no bidder is selected through the competitive bidding process and/or no bidder participates in the process for undertaking the Project, as the case may be, the Concessionaire may by notice to be given no later than the [180] days from the date of Termination seek extension of the additional [30] years and in such an event, it may be entitled to an additional period of [30] years, at the discretion of the Authority on the terms and conditions. specified in this Concession Agreement
3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted shall oblige or entitle (as the case may be) the Concessionaire to:
(a) Right of Way, access and licence to the Site for the purpose of and to the extent conferred by the provisions of this Agreement;
(b) finance and construct the Bus Terminal;
(c) manage, operate and maintain the Bus Terminal ;
(d) demand, collect and appropriate Fee from Users liable for payment of Fee for using the Bus Terminal or any part thereof and refuse entry of any Users if the Fee due is not paid;
(e) perform and fulfil all of the Concessionaire‟s obligations under and in accordance with this Agreement;
(f) 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
(g) neither assign, transfer or sublet or create any lien or Encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Bus Terminal nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement or the Substitution Agreement.
3.1.3 Subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Concession hereby granted shall, without prejudice to the provisions of Clause 3.1.2, entitle the Concessionaire to undertake development, operation and maintenance of the real estate at the Site specified in Schedule-A, subject to the conditions stipulated in Schedule-B and Schedule-D, and to exploit such development for commercial purposes (the “Commercial Complex”) with the right to sub-license any or all parts thereof by means of Project Agreements.
Appears in 5 contracts
Sources: Concession Agreement, Concession Agreement, Concession Agreement
The Concession. 3.1.1 3.1.1. 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 licence, leasehold rights and authority to construct, operate and maintain the Project (the “"Concession”") for a period of [32]4 years 50 (fifty) years, commencing from the Appointed DateDate ("Concession Period"), and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. Provided that Without prejudice to the initial term and regardless of the same, the Concession Period may be extended subject to and in accordance with the event provisions set out below in this Clause 3.
1.1. The Concessionaire shall, regardless of the Concessionaire shall aforesaid, have discharged its obligations without the right to extend the initial term of 50 (fifty) years Concession Period by an additional term of maximum10 (ten) years, at any material breach thereof for a period time between the 45th anniversary of [32 (thirty)] years from the Appointed Date to the 48th anniversary of the Appointed Date, it shall have by giving a written notice to the Authority. The Authority shall, subject to due performance of material obligations by Concessionaire, respond to such notice within 60 days. Provided, however, that this right of first refusal in the event the Authority invites fresh bids for selection of a new concessionaire after the expiry of the Concession Period extension shall not be exercisable by efflux of time. 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 Performance Security. It is expressly agreed between the Parties that the first right of refusal shall mean that the Concessionaire will have a if any Concessionaire Default has occurred during the preceding five (5) years prior to the date on which the Concessionaire exercises its extension right during the aforesaid period by issue of said notice to match the financial bid of the bidder selected without itself participating in such bidding process, if any, for undertaking the Project through a competitive bidding, after the expiry of the Concession Period by efflux of time. It is expressly agreed between the Parties that the terms and conditions for such additional period of [30] years after the expiry of the Concession Period shall be determined by the Authority. Provided [further] further that if any Concessionaire Default occurs at any time between the date on which the Authority grants extension subject to and in accordance with terms hereof, and, the event Concessionaire successfully matches the financial bid 50th anniversary of the bidder selected, if anyAppointed Date, the Concessionaire shall have a Concessionaire’s right to undertake the Project of extension for an additional period term of [30] 10 (ten) years on the terms and conditions as specified in such bidding document. It is expressly shall lapse, unless otherwise agreed between the Parties, in the event, no bidder is selected through the competitive bidding process and/or no bidder participates in the process for undertaking the Project, as the case may be, the Concessionaire may by notice to be given no later than the [180] days from the date of Termination seek extension of the additional [30] years and in such an event, it may be entitled to an additional period of [30] years, at the discretion of the Authority on the terms and conditionsin its sole discretion.
3.1.2. specified in this Concession Agreement
3.1.2 Subject to and in accordance with the provisions of this Agreement, Applicable Laws and Applicable Permits, the Concession hereby granted shall oblige or entitle (as Authority, on and from the case may be) Appointed Date, grants to the Concessionaire tothe exclusive lease, right, licence and authority to develop, operate and maintain the Project, subject to and in accordance with terms as follows:
(a) Right of WayWay in terms hereof, access and licence to lease hold rights (as is granted under the Site Land Lease Agreement) in respect of the Site, and Existing Hospital for the purpose of operation, maintenance, rehabilitation, augmentation, development and to management of the extent conferred by Project. ;
(b) finance, develop, design, construct, operate, manage and maintain the provisions Project in a phased manner in accordance with Schedule A, and in conformity with the Specifications and Standards set forth in Schedule B;
(c) finance, develop, design, construct, operate, manage and maintain the Optional Development (if any) in accordance with Schedule A, and in conformity with the Specifications and Standards set forth in Schedule B and other terms of this Agreement;
(bd) finance provide Healthcare Services in the Project Facilities in accordance with the Specification and construct the Bus TerminalStandards set out in this Agreement, Applicable Laws and Applicable Permits;
(ce) manageLevy, operate and maintain the Bus Terminal ;
(d) demand, collect and appropriate Fee from Users Patients, commencing from the Appointed Date for availing of the Healthcare Services from the Existing Hospital, and thereafter also in respect of and from the incremental additions of other mandatory facilities/phase(s) comprising the Project, subject to and in accordance with this Agreement;
(f) in the event of development of a medical college under Optional Development, subject to and in accordance with terms hereof, admit Students and determine, demand, collect and appropriate Tuition Fee from Students liable for payment of Tuition Fee for using the Bus Terminal or any part thereof Medical College, in accordance with Applicable Laws and refuse entry of any Users if the Fee due is not paidthis Agreement;
(eg) perform and fulfil all of the Concessionaire‟s Concessionaire’s obligations under and in accordance with this Agreement;
(fh) 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;
(gi) neither assign, transfer or sublet or create any lien or Encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Bus Terminal Project nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement or and the Substitution Agreement.; and
3.1.3 Subject (j) to and engage / deploy Select Employees of Paradip Port Trust in accordance with the provisions Hospital in terms of this Agreement and Applicable LawsAgreement, from the Concession hereby granted shall, without prejudice to the provisions of Clause 3.1.2, entitle the Concessionaire to undertake development, operation and maintenance of the real estate at the Site specified in Schedule-A, subject to the conditions stipulated in Schedule-B and Schedule-D, and to exploit such development for commercial purposes (the “Commercial Complex”) with the right to sub-license any or all parts thereof by means of Project AgreementsAppointed Date.
Appears in 3 contracts
Sources: Concession Agreement, Concession Agreement, Concession Agreement
The Concession. 3.1.1 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 construct, operate and maintain the Project (the “Concession”) for a period of [32]4 years commencing from the Appointed Date, and the Concessionaire hereby accepts the Concession and agrees to 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 without any material breach thereof for a period of [32 (thirty)] years from the Appointed Date, it shall have a right of first refusal in the event the Authority invites fresh bids for selection of a new concessionaire after the expiry of the Concession Period by efflux of time. 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 Performance Security. It is expressly agreed between the Parties that the first right of refusal shall mean that the Concessionaire will have a right to match the financial bid of the bidder selected without itself participating in such bidding process, if any, for undertaking the Project through a competitive bidding, after the expiry of the Concession Period by efflux of time. It is expressly agreed between the Parties that the terms and conditions for such additional period of [30] years after the expiry of the Concession Period shall be determined by the Authority. Provided [further] that the in the event Concessionaire successfully matches the financial bid of the bidder selected, if any, the Concessionaire shall have a right to undertake the Project for an additional period of [30] years on the terms and conditions as specified in such bidding document. It is expressly agreed between the Parties, in the event, no bidder is selected through the competitive bidding process and/or no bidder participates in the process for undertaking the Project, as the case may be, the Concessionaire may by notice to be given no later than the [180] days from the date of Termination seek extension of the additional [30] years and in such an event, it may be entitled to an additional period of [30] years, at the discretion of the Authority on the terms and conditions. specified in this Concession Agreement
3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted shall oblige or entitle (as the case may be) the Concessionaire to:
(a) Right of Way, access and licence to the Site for the purpose of and to the extent conferred by the provisions of this Agreement;
(b) finance and construct the Bus Terminal;
(c) manage, operate and maintain the Bus Terminal ;
(d) demand, collect and appropriate Fee from Users liable for payment of Fee for using the Bus Terminal or any part thereof and refuse entry of any Users if the Fee due is not paid;
(e) perform and fulfil all of the Concessionaire‟s Concessionaire’s obligations under and in accordance with this Agreement;
(f) 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
(g) neither assign, transfer or sublet or create any lien or Encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Bus Terminal nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement or the Substitution Agreement.
3.1.3 Subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Concession hereby granted shall, without prejudice to the provisions of Clause 3.1.2, entitle the Concessionaire to undertake development, operation and maintenance of the real estate at the Site specified in Schedule-A, subject to the conditions stipulated in Schedule-B and Schedule-D, and to exploit such development for commercial purposes (the “Commercial Complex”) with the right to sub-license any or all parts thereof by means of Project Agreements.
Appears in 2 contracts
Sources: Concession Agreement, Concession Agreement
The Concession. 3.1.1 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 construct, operate and maintain the Project (the “Concession”) for a period of [32]4 years commencing from the Appointed Date, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. Downloaded from Provided that in the event the Concessionaire shall have discharged its obligations without any material breach thereof for a period of [32 (thirty)] years from the Appointed Date, it shall have a right of first refusal in the event the Authority invites fresh bids for selection of a new concessionaire after the expiry of the Concession Period by efflux of time. 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 Performance Security. ▇▇▇.▇▇▇▇▇▇.▇▇▇ It is expressly agreed between the Parties that the first right of refusal shall mean that the Concessionaire will have a right to match the financial bid of the bidder selected without itself participating in such bidding process, if any, for undertaking the Project through a competitive bidding, after the expiry of the Concession Period by efflux of time. It is expressly agreed between the Parties that the terms and conditions for such additional period of [30] years after the expiry of the Concession Period shall be determined by the Authority. Provided [further] that the in the event Concessionaire successfully matches the financial bid of the bidder selected, if any, the Concessionaire shall have a right to undertake the Project for an additional period of [30] years on the terms and conditions as specified in such bidding document. It is expressly agreed between the Parties, in the event, no bidder is selected through the competitive bidding process and/or no bidder participates in the process for undertaking the Project, as the case may be, the Concessionaire may by notice to be given no later than the [180] days from the date of Termination seek extension of the additional [30] years and in such an event, it may be entitled to an additional period of [30] years, at the discretion of the Authority on the terms and conditions. specified in this Concession Agreement
3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted shall oblige or entitle (as the case may be) the Concessionaire to:
(a) Right of Way, access and licence to the Site for the purpose of and to the extent conferred by the provisions of this Agreement;
(b) finance and construct the Bus Terminal;
(c) manage, operate and maintain the Bus Terminal ;
(d) demand, collect and appropriate Fee from Users liable for payment of Fee for using the Bus Terminal or any part thereof and refuse entry of any Users if the Fee due is not paid;
(e) perform and fulfil all of the Concessionaire‟s obligations under and in accordance with this Agreement;; Downloaded from
(f) 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; andand ▇▇▇.▇▇▇▇▇▇.▇▇▇
(g) neither assign, transfer or sublet or create any lien or Encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Bus Terminal nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement or the Substitution Agreement.
3.1.3 Subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Concession hereby granted shall, without prejudice to the provisions of Clause 3.1.2, entitle the Concessionaire to undertake development, operation and maintenance of the real estate at the Site specified in Schedule-A, subject to the conditions stipulated in Schedule-B and Schedule-D, and to exploit such development for commercial purposes (the “Commercial Complex”) with the right to sub-license any or all parts thereof by means of Project Agreements.
Appears in 1 contract
Sources: Concession Agreement
The Concession. 3.1.1 Subject to and in accordance with the provisions of this Agreement, the Applicable Laws and the Applicable Permits, the SSNNL / FED / Authority hereby grants to the Concessionaire Concessionaire, with effect from the concession Effective Date, the concessions set forth herein in this Clause 3 including the exclusive right, licence license and an authority to constructbuild, operate operate, maintain and maintain transfer the Project (the “Concession”) for the Concession Period. Unless terminated earlier in accordance with the provisions of this Agreement, the initial period of the Agreement shall be thirty five (35) years from the Effective Date (the “Concession Period”). The period of 35 years (including Construction Period) from the date of signing of Concession Agreement, unless terminated earlier, is for land under the ownership of SSNNL. The land under the ownership of Forest & Environment Department will be given on right to use basis with terms to be renewed annually for a period co-terminus with the Concession Period, unless terminates earlier. Provided that if the SSNNL / FED / Authority is satisfied with the performance of [32]4 years commencing from the Appointed DateConcessionaire during the Concession Period, it may at its sole discretion by order, extend the Concession Period for such period and on such terms and conditions as may be mutually agreed and as per the provisions of this Agreement and the prevailing Act. The Concessionaire hereby accepts the Concession Concessions and agrees to 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 without any material breach thereof for a period of [32 (thirty)] years from the Appointed Date, it shall have a right of first refusal in the event the Authority invites fresh bids for selection of a new concessionaire after the expiry of the Concession Period by efflux of time. 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 Performance Security. It is expressly agreed between the Parties that the first right of refusal shall mean that the Concessionaire will have a right to match the financial bid of the bidder selected without itself participating in such bidding process, if any, for undertaking the Project through a competitive bidding, after the expiry of the Concession Period by efflux of time. It is expressly agreed between the Parties that the terms and conditions for such additional period of [30] years after the expiry of the Concession Period shall be determined by the Authority. Provided [further] that the in the event Concessionaire successfully matches the financial bid of the bidder selected, if any, the Concessionaire shall have a right to undertake the Project for an additional period of [30] years on the terms and conditions as specified in such bidding document. It is expressly agreed between the Parties, in the event, no bidder is selected through the competitive bidding process and/or no bidder participates in the process for undertaking the Project, as the case may be, the Concessionaire may by notice to be given no later than the [180] days from the date of Termination seek extension of the additional [30] years and in such an event, it may be entitled to an additional period of [30] years, at the discretion of the Authority on the terms and conditions. specified in this Concession Agreement
3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted shall oblige or entitle (as the case may be) the Concessionaire to:
(a) Right of Way, access and licence to the Site for the purpose of and to the extent conferred by the provisions of this Agreement;
(b) finance and construct the Bus Terminal;
(c) manage, operate and maintain the Bus Terminal ;
(d) demand, collect and appropriate Fee from Users liable for payment of Fee for using the Bus Terminal or any part thereof and refuse entry of any Users if the Fee due is not paid;
(e) perform and fulfil all of the Concessionaire‟s obligations under and in accordance with this Agreement;
(f) 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
(g) neither assign, transfer or sublet or create any lien or Encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Bus Terminal nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement or the Substitution Agreement.
3.1.3 Subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Concession hereby granted shall, without prejudice to the provisions of Clause 3.1.23.1.1, entitle the Concessionaire to undertake development, operation and maintenance development of the real estate at the Site specified in Schedule-ASite, subject to the conditions stipulated in Schedule-B and Schedule-Dherein, and to exploit such development for commercial purposes (the “Commercial Complex”) with the right to and sub-license or lease any or all parts of the Project Facilities. The Authority / SSNNL / FED shall on a best effort and non-financial basis facilitate and assist the Concessionaire in obtaining all the Applicable Permits that may be required by the Concessionaire from any Government Instrumentality for the implementation, development, design, construction, operation and maintenance of the Project. Notwithstanding anything stated in this Clause 3.1.3, the Authority / SSNNL / FED will provide all reasonable support and non-financial assistance to the Concessionaire in procuring Applicable Permits as may be required from time to time, however the principal obligation of obtaining the Applicable Permits shall be solely of the Concessionaire. The Concessionaire cannot commence operations of the Project Facilities prior to the receiving of Provisional Certificate or Completion Certificate in respect of the Project (as defined in Essential Facilities and in phases, as the case maybe). Subject to the provisions of this Agreement, the Concessionaire however may provide possession of and / or sub-license to use the Project Assets to third parties through any Contractual Arrangements. Provided however, the Concessionaire can accept bookings, advances towards memberships and obtain advance payments in relation to Project Assets, after bringing this limitation to the notice of such third parties. The Concessionaire shall obtain the prior written permission of the Authority / SSNNL / FED, before giving possession of any part of the Project Assets to third parties. Subject to and in accordance with the provisions of this Agreement, the Concessions hereby granted shall oblige, permit or entitle (as the case may be) the Concessionaire to:
(a) grant of license and use of the Land for the Concession Period at the payment of Total Consideration;
(b) delivery of possession of the Site free of any Encumbrances or encroachments or occupants thereon;
(c) Right of Way, access and license to the Site for the purpose of and to the extent conferred by the provisions of this Agreement;
(d) investigate, study, design, engineer, procure, develop and construct the Project;
(e) manage, market management, administration, operate and maintain the Project and regulate the use thereof by means third parties;
(f) grant sub-license (of built-up spaces and / or open developed spaces) or enter into letting, sub- letting, concessions, franchising, management service, sub-contracting or other suitable arrangements on mutually agreed conditions (the “Contractual Arrangements”) for a period coterminous with the Concession Period or earlier termination as per the terms and conditions of this Agreement as the case may be with any Persons of its choice for carrying on its business of constructing, managing, marketing, operating and maintaining the Project AgreementsFacilities;
(g) exercise all rights and remedies available under the Applicable Laws to recover the Fee, including suspension, termination or cancellation of the applicable service to the relevant defaulting user, including sub-license and Contractors, provided that the same shall be in compliance with the requirements of the Applicable Laws, terms of Applicable Permits or mandatory requirements of Government Instrumentality, if any, and Good Industry Practice in this behalf;
(h) ensure optimal management, operation, development, maintenance and safety of the Project throughout the Concession Period, either by performing the O&M itself, or by making durable, effective and permanent arrangements for due performance of the operation and maintenance obligations by a third party(s);
(i) bear and pay all costs, expenses and charges in connection with or incidental to the performance of the obligations under this Agreement; and
(j) not assign, transfer or create any lien, charge or Encumbrance on this Agreement or the Concession hereby granted or on the whole or any part of the Project nor transfer, license or part possession thereof, save and except as expressly permitted by this Agreement.
Appears in 1 contract
Sources: Concession Agreement
The Concession. 3.1.1 3.1.1. 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 Concessionaire, the concession set forth herein including the exclusive right, licence and authority to constructdevelop, operate and maintain the Project Airport (the “Concession”) for a an initial period of [32]4 40 years commencing from the Appointed Date, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. Provided that in further that, at any time not earlier than 35th (Thirty fifth) anniversary of the event the Concessionaire shall have discharged its obligations without any material breach thereof for a period Appointed Date and no later than 37th (Thirty seventh) anniversary of [32 (thirty)] years from the Appointed Date, intimate the Authority about its interest and request for renewing/ extending the term of this Concession by another period of 30 (thirty) years in accordance with the provisions in Clause 42.5. While making such request, the Concessionaire shall submit a confirmation that it shall have a right of first refusal is agreeable to participate in the event international competitive bidding process for the Authority invites fresh bids for selection of a new concessionaire after the expiry determination of the Concession Period by efflux of time. For the avoidance of doubt, material breach shall Premium for the purposes hereof mean Suspension and/or cumulative levy of Damages exceeding a sum equivalent to Performance Security. It is expressly agreed between the Parties that the first right of refusal shall mean that the Concessionaire will have a right to match the financial bid of the bidder selected without itself participating in such bidding process, if any, for undertaking the Project through a competitive bidding, after the expiry of the Concession Period by efflux of time. It is expressly agreed between the Parties that the terms and conditions for such an additional period of [30] years after 30 (thirty) years, in the expiry of the Concession Period shall form and manner, as may be determined prescribed by the Authority. Provided [further] that the , at such time, and in the event Concessionaire successfully matches the financial bid any such case of the bidder selected, if any, international competitive bidding:
a. the Concessionaire shall have a right to undertake match the Project for an additional period highest bid, if its bid is within 10.00% of [30] years on the highest bid that may be offered at that time in accordance with the terms and conditions as specified of the bidding documents issued at such time,
b. the Affiliate(s) of the Concessionaire shall not be qualified, either directly or indirectly, participating in any such bidding document. It process; and
c. it is expressly agreed between clarified the Parties, Concessionaire shall be deemed to be qualified to submit the financial bid without being required to participate in the pre- qualification process and shall not be required to submit any documents for pre-qualification
1.1. In any event, no bidder is selected through at all times, any decision concerning the competitive bidding process and/or no bidder participates in the process for undertaking the Project, as the case may be, the Concessionaire may by notice to be given no later than the [180] days from the date of Termination seek extension of the additional [30] years and in such an event, it may be entitled to an additional period of [30] years, at Concession Period shall vest with the discretion of the Authority on the terms and conditionsAuthority.
3.1.2. specified in this Concession Agreement
3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted shall oblige or entitle (as the case may be) the Concessionaire to:
(a) Right of Way, access and licence to the Site for the purpose of and to the extent conferred by the provisions of this Agreement;
(b) design, finance and construct the Bus TerminalAirport;
(c) manageoperate, operate manage and maintain the Bus Terminal Airport and regulate the use thereof by third parties;
(d) demand, collect and appropriate Fee from Users liable for payment of Fee for using the Bus Terminal Airport or any part thereof and refuse entry of any Users User if the Fee due is not paid;
(e) perform and fulfil all of the Concessionaire‟s Concessionaire’s obligations under and in accordance with this Agreement;
(f) save as otherwise expressly provided in this Agreement, 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
(g) neither assign, transfer or sublet or create any lien or Encumbrance encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Bus Terminal Airport nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement or the Substitution Agreement.
3.1.3 Subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Concession hereby granted shall, without prejudice to the provisions of Clause 3.1.2, entitle the Concessionaire to undertake development, operation and maintenance of the real estate at the Site specified in Schedule-A, subject to the conditions stipulated in Schedule-B and Schedule-D, and to exploit such development for commercial purposes (the “Commercial Complex”) with the right to sub-license any or all parts thereof by means of Project Agreements.
Appears in 1 contract
Sources: Concession Agreement
The Concession. 3.1.1 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 construct, operate and maintain the Project (the “Concession”) for a period of [32]4 years commencing from the Appointed Date, and the Concessionaire hereby accepts the Concession and agrees to implement the Project subject to and in accordance with the terms and conditions set forth herein. Downloaded from Provided that in the event the Concessionaire shall have discharged its obligations without any material breach thereof for a period of [32 (thirty)] years from the Appointed Date, it shall have a right of first refusal in the event the Authority invites fresh bids for selection of a new concessionaire after the expiry of the Concession Period by efflux of time. 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 Performance Security. ▇▇▇.▇▇▇▇▇▇.▇▇▇ It is expressly agreed between the Parties that the first right of refusal shall mean that the Concessionaire will have a right to match the financial bid of the bidder selected without itself participating in such bidding process, if any, for undertaking the Project through a competitive bidding, after the expiry of the Concession Period by efflux of time. It is expressly agreed between the Parties that the terms and conditions for such additional period of [30] years after the expiry of the Concession Period shall be determined by the Authority. Provided [further] that the in the event Concessionaire successfully matches the financial bid of the bidder selected, if any, the Concessionaire shall have a right to undertake the Project for an additional period of [30] years on the terms and conditions as specified in such bidding document. It is expressly agreed between the Parties, in the event, no bidder is selected through the competitive bidding process and/or no bidder participates in the process for undertaking the Project, as the case may be, the Concessionaire may by notice to be given no later than the [180] days from the date of Termination seek extension of the additional [30] years and in such an event, it may be entitled to an additional period of [30] years, at the discretion of the Authority on the terms and conditions. specified in this Concession Agreement
3.1.2 Subject to and in accordance with the provisions of this Agreement, the Concession hereby granted shall oblige or entitle (as the case may be) the Concessionaire to:
(a) Right of Way, access and licence to the Site for the purpose of and to the extent conferred by the provisions of this Agreement;
(b) finance and construct the Bus Terminal;
(c) manage, operate and maintain the Bus Terminal ;
(d) demand, collect and appropriate Fee from Users liable for payment of Fee for using the Bus Terminal or any part thereof and refuse entry of any Users if the Fee due is not paid;
(e) perform and fulfil all of the Concessionaire‟s Concessionaire’s obligations under and in accordance with this Agreement;; Downloaded from
(f) 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; andand ▇▇▇.▇▇▇▇▇▇.▇▇▇
(g) neither assign, transfer or sublet or create any lien or Encumbrance on this Agreement, or the Concession hereby granted or on the whole or any part of the Bus Terminal nor transfer, lease or part possession thereof, save and except as expressly permitted by this Agreement or the Substitution Agreement.
3.1.3 Subject to and in accordance with the provisions of this Agreement and Applicable Laws, the Concession hereby granted shall, without prejudice to the provisions of Clause 3.1.2, entitle the Concessionaire to undertake development, operation and maintenance of the real estate at the Site specified in Schedule-A, subject to the conditions stipulated in Schedule-B and Schedule-D, and to exploit such development for commercial purposes (the “Commercial Complex”) with the right to sub-license any or all parts thereof by means of Project Agreements.
Appears in 1 contract
Sources: Concession Agreement