Restriction on cash compensation. The Parties acknowledge and agree that the demand for cash compensation under this Article 37 shall be restricted to the effect of Change in Law during the respective Accounting Year and shall be made at any time after commencement of such year, but no later than one year from the close of such Accounting Year. Any demand for cash compensation payable for and in respect of any subsequent Accounting Year shall be made after the commencement of the Accounting Year to which the demand pertains, but no later than two years from the close of such Accounting Year.
Restriction on cash compensation. The Parties acknowledge and agree that there shall be NO demand for cash compensation under this Article due to the effect of Change in Law during the respective Accounting Year.
Restriction on cash compensation. The Parties acknowledge and agree that the demand for cash compensation under this Article 34 shall be restricted to the effect of Change in Law during the respective Accounting Year and shall be made at any time after commencement of such year, but no later than one year from the close of such Accounting Year. Any demand for cash compensation payable for and in respect of any subsequent Accounting Year shall be made after the commencement of the Accounting Year to which the demand pertains, but no later than 2 (two) years from the close of such Accounting Year. No claim in the event of recovery from Users Notwithstanding anything to the contrary contained in this Agreement, the Authority shall not in any manner be liable to reimburse to the Concessionaire any sums on account of a Change in Law if the same are recoverable from the Users. No claim in the event of change in tax regulations and developmental control regulations Notwithstanding anything to the contrary contained in this Agreement, it is hereby clarified, that the Authority shall not in any manner be liable to reimburse to the Concessionaire any sums on account of a change in taxation regulations/ rates of any taxes and any change in developmental control regulations for both land use and building regulations and the same shall not constitute a Change in Law for the purposes of this Agreement.
Restriction on cash compensation. The Parties acknowledge and agree that the demand for cash compensation# under this Article 34 shall be restricted to the effect of Change in Law during the respective Accounting Year and shall be made at any time after commencement of such year, but no later than 1 (one) year from the close of such Accounting Year. Any demand for cash compensation payable for and in respect of any subsequent Account Year shall be made after the commencement of the Accounting Year to which the demand pertains, but no later than 2 (two) years from the close of such Accounting Year. No Claim in the event of recovery from users Notwithstanding anything to the contrary contained in this Agreement, the Authority shall not in any manner be liable to reimburse to the Concessionaire any sums on account of a Change in Law if the same are recoverable from the Users. # Cash Compensation to include digital payments
Restriction on cash compensation. The Parties acknowledge and agree that the demand for cash compensation under this Article 35 shall be restricted to the effect of Change in Law during the respective ConcessionYear and shall be made at any time after commencement of such year, but no later than one year from the close of such ConcessionYear. Any demand for cash compensation payable for and in respect of any subsequent ConcessionYear shall be made after the commencement of the ConcessionYear to which the demand pertains, but no later than 2 (two) years from the close of such ConcessionYear.
Restriction on cash compensation. 60 32.5 No Claim in the Event of Recovery from Users 61 ARTICLE 33 62 LIABILITY AND INDEMNITY 62 33.1 General indemnity 62 33.2 Indemnity by the Developer 62 33.3 Notice and Contest of Claims 63 33.4 Defense of Claims 63 33.5 No Consequential Claims 64 33.6 Survival on Termination 64 ARTICLE 34 65 RIGHTS AND TITLE OVER THE SITE 65 34.1 License Rights 65 34.2 Access Rights of the SH&DB and Others 65 ARTICLE 35 66 DISPUTE RESOLUTION 66 35.1 Dispute Resolution 66 35.2 Conciliation 66 35.3 Arbitration 66 35.4 Adjudication by Regulatory Authority or Commission or Tribunal 66 ARTICLE 36 67 DISCLOSURE 67 36.1 Disclosure of Specified Documents 67 36.2 Disclosure of Documents Relating to Safety 67 ARTICLE 37 68 MISCELLANEOUS 68 37.1 Governing Law and Jurisdiction 68 37.2 Waiver of Immunity 68 37.3 Delayed Payments 68 37.4 Waiver 68 37.5 Liability for Review of Documents and Drawings 68 37.6 Exclusion of Implied Warranties etc 69 37.7 Survival 69 37.8 Entire Agreement 69 37.9 Severability 69 37.10 No Partnership 69 37.11 Third Parties 70 37.12 Successors and Assigns 70 37.13 Notices 70 37.14 Language 70 37.15 Counterparts 70 ARTICLE 38 71 DEFINITIONS 71 38.1 Definitions 71 AGREEMENT THIS Agreement (the “Agreement”) is entered into on this the day of , 20 BETWEEN SIKKIM HOUSING & DEVELOPMENT BOARD, a body corporate constituted by Xxxxxx Xxxxxxx & Xxxxxxxxxxx Xxxxx Xxx, 0000 represented by Secretary, Sikkim Housing & Development Board and having its principal office at Awas Bhawan, Church Road, Gangtok, East Sikkim- 737101 (hereinafter referred to as the “SH&DB”, which expression shall, unless repugnant to the context or meaning thereof, include its administrators, successors and assigns) of One Part; AND , a company registered under Companies Act, 2013/1956 and having its registered office at , represented by its Director/ officer duly authorized by board resolution dated (hereinafter referred to as the “Developer” which expression shall, unless repugnant to the context or meaning thereof, include its successors and permitted assigns and substitutes) of the Other Part.
