Additional Facilities and Variation in Returns Sample Clauses
The 'Additional Facilities and Variation in Returns' clause allows for the provision of extra services or amenities beyond those originally agreed upon, and addresses how these additions may affect the financial returns or payments under the contract. In practice, this clause enables one party to request or require enhancements—such as upgraded equipment, expanded service areas, or new features—with the understanding that such changes may alter the compensation structure, often resulting in adjusted fees or revenue sharing. Its core function is to provide a clear mechanism for managing changes in scope and ensuring that both parties understand how such variations impact their financial obligations, thereby reducing disputes and maintaining contractual flexibility.
Additional Facilities and Variation in Returns. Additional Facility The Facility Manager agrees and acknowledges that the IRSDC and the MoR and/ or Railway Administration shall, directly or through their respective nominees/ representatives (including IRSDC), be entitled to grant sub-lease/ sub-licenses in respect of other land and airspace adjoining and/ or near the Station Area (each a “Additional Facility”) in one or more lots, in such manner and on such terms as the MoR and/ or Railway Administration or such nominees/ representative deem fit. The Facility Manager shall have no rights (including specifically any rights of pre-emption) with respect to any such Additional Facility, nor shall the Facility Manager be permitted any alternation, variation, or modification of the Agreement (including specifically the extent of Consideration/ Grant62 or the Term) consequent to any such development of an Additional Facility by the IRSDC/ MoR and/ or Railway Administration (and/ or their nominee/ representative). Effect of Variation in Returns The Facility Manager agrees and acknowledges that IRSDC, the MoR and/ or Railway Administration or any of their employees, officials, agents, representatives, other contractors, have not made any representation to the Facility Manager with respect to the feasibility or viability of the Project, or the potential revenue/ returns to the Facility Manager from Project, including specifically the Station Revenue and that they shall have no liability to the Facility Manager in respect thereof (including any shortfall or decrease in the projected revenues/ returns). The Facility Manager further agrees and acknowledges that it shall have no claims against, and does hereby expressly waive all claims against, IRSDC, MoR, Railway Administration and all their its employees, officials, agents, representatives, and other contractors in this regard. Without prejudice to the generality of the foregoing, it is expressly agreed and acknowledged that no adjustment or alteration of the [Consideration/ Grant]63 payable under this Agreement or the Term hereof, shall be permitted to the Facility Manager on account of any alteration or variation in the feasibility or viability of the Project, or the any revenues/ returns therefrom.
Additional Facilities and Variation in Returns