Procurement of the Site Sample Clauses
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Procurement of the Site. (i) The Authority Representative, the Contractor and Authority’s Engineer shall, within 10 (ten) days of the date of this Agreement, inspect the Site and prepare a detailed memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Site (hereinafter referred to as the “Handover Memorandum”). Subject to the provisions of Clause 8.2 (iii), the Handover Memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant access and Right of Way has not been given to the Contractor along with details of hindrances in the Construction Zone. For sake of clarity the Handover Memorandum shall clearly specify the parts of Site where work can be executed. Signing of the Handover Memorandum, in three counterparts (each of which shall constitute an original), by the authorized representatives of the Authority, Contractor and Authority’s Engineer shall be deemed to constitute a valid evidence of giving the Right of Way to the Contractor for discharging its obligations under and in accordance with the provisions of this Agreement and for no other purpose whatsoever.
(ii) Whenever the Authority is ready to hand over any part or parts of the Site included in the Appendix, it shall inform the Contractor, by notice, of the proposed date and time such of hand over. The Authority Representative and the Contractor shall, on the date so notified, inspect the specified parts of the Site, and prepare a memorandum containing an inventory of the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Site so handed over. The signing of the memorandum, in three (3) counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall be deemed to constitute a valid evidence of giving the relevant Right of Way to the Contractor. If the contractor fails to join for site inspection or disputes the parts of the site available for work, the Authority’s Engineer shall decide the parts of the site where work can be executed and notify to both the parties within 3 days of the proposed date of inspection. The parties agree that such notification of the Authority’s Engineer as mentioned hereinabove shall be final and binding on the parties.
(iii) The Authority shall provide the Right o...
Procurement of the Site. 10.2.1 Pursuant to the notice specified in Clause 4.2, Maha-Metro Representative and the Concessionaire shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the trees on or attached to the Site. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.1.2, be deemed to constitute a valid lease and Right of Way to the Concessionaire for free and unrestricted use and development of the vacant and unencumbered Site during the Concession Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For the avoidance of doubt, it is agreed that valid lease and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the Concessionaire upon vacant access thereto being provided by Maha-Metro to the Concessionaire.
10.2.2 On and after signing the memorandum referred to in Clause 10.2.1, and until the Transfer Date, the Concessionaire shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or illegal occupation on any part thereof, the Concessionaire shall report such encroachment or illegal occupation forthwith to Maha-Metro and undertake its removal at its cost and expenses.
Procurement of the Site. 8.2.1 The Employer Representative and the Contractor shall, within 7 (seven) days of the date of Letter of Award (LOA), inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Site. Subject to the provisions of Clause 8.2.3, such memorandum shall have appended thereto an appendix (the "Appendix"). Whenever the Employer is ready to hand over any part or parts of the Site included in the Appendix, it shall inform the Contractor, by notice, the proposed date and time such of handing over. The Employer Representative and the Contractor shall, on the date so notified, inspect the specified parts of the Site, and prepare a memorandum containing an inventory of the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Site so handed over. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall be deemed to constitute a valid evidence of giving the relevant Project Site to the Contractor.
8.2.2 The Employer shall provide the Project Site to the Contractor in respect of all land included in the Appendix as specified in Schedule-A.
8.2.3 Notwithstanding anything to the contrary contained in this Clause 8.2, the Employer shall specify the parts of the Site, if any, for which Project Site shall be provided to the Contractor on the dates specified in clause 8.2. Such parts shall also be included in the Appendix prepared in pursuance of clause 8.2.1.
Procurement of the Site. 9.2.1 The Implementation Agency acknowledges and agrees that prior to the Appointed Date, it shall have entered into a leasing agreement of the land for a period of at least 30 years from the Appointed Date and procured issuance of the statutory notification under Applicable Laws for vesting of all land comprising the Project and has taken possession of the total area thereof. Implementation Agency shall submit necessary Documentation in this regard as part of Conditions Precedent as per Clause 3.
9.2.2 All property taxes and any other charges or payments towards the Site including any stamp duty charges shall be payable by the Implementation Agency in accordance with Applicable Laws.
Procurement of the Site. (i) The Authority Representative, the Contractor and Authority’s Engineer shall, within 10 (ten) days of the date of this Agreement, inspect the Site and prepare a detailed memorandum containing an inventory of the Site - Subject to the provisions of Clause
Procurement of the Site. 10.3.1 Mine Developer and Operator shall be responsible for taking over physical possession of the Site and undertaking the associated activities in respect thereof at its own cost and expenses.
10.3.2 Until the Transfer Date, the Mine Developer and Operator shall maintain a round-the- clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or occupation on any part thereof, the Mine Developer and Operator shall report such encroachment or occupation forthwith to TANGEDCO and undertake its removal at its own cost and expense.
Procurement of the Site. 10.3.1 Pursuant to the notice specified in Clause 4.1.2, Railways Representative and the SPD shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered rooftop space, assets and equipment on the rooftops, and any other immovable property on or attached to the Site (rooftops). Such memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant access and Right of Way has not been granted to the SPD. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorised representatives of the Parties shall, subject to the provisions of Clause 10.2.2, be deemed to constitute a valid access and Right of Way to the SPD for free and unrestricted use and development of the vacant and unencumbered Site during the Agreement Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever. For the avoidance of doubt, it is agreed that valid access and Right of Way with respect to the parts of the Site as set forth in the Appendix shall be deemed to have been granted to the SPD upon vacant access thereto being provided by Railways to the SPD.
10.3.2 Railways shall make best efforts to procure and grant, no later than [60 (sixty)] days from the Appointed Date, the Right of Way to the SPD in respect of all access and right of way to the site/s included in the Appendix, and in the event of delay for any reason other than Force Majeure or breach of this Agreement by the SPD, it shall pay to the SPD damages in a sum calculated at the rate of Rs.[1,000 (Rupees one thousand)] per day for, commencing from the 91st (ninety first) day of the Appointed Date and until such Right of Way is procured with a limit of upto 20 percent of the bid security. Upon receiving Right of Way, the SPD will define the need to undertake construction of any specific infrastructure which needs to be developed and include that as under the Appendix as well. The SPD shall submit a plan of the required construction work to the Railway Electrical Engineer, get the Railway Electrical Engineers sanction for the same and complete the infrastructure development Works thereon within a reasonable period (proposed by the SPD and sanctioned by the Railway Electrical Engineer) in accordance with Good Industry Practices. For the avoidance of doubt, it is expre...
Procurement of the Site. 10.3.1 Following the Appointed Date, the Authority shall be responsible for taking over physical possession of the Site and undertaking the associated activities in respect thereof at its own cost and expense.
10.3.2 Until the Transfer Date, the Mine Operator shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or occupation on any part thereof, the Mine Operator shall report such encroachment or occupation forthwith to the Authority and undertake its removal at its own cost and expense.
10.3.3 The Authority shall, if so required, procure any additional land required for any ancillary buildings in accordance with this Agreement and upon procurement, such land shall vest in the Authority and form part of the Site; provided that the Authority shall be responsible for acquiring such additional land in accordance with Applicable Laws, at its cost and such additional land so acquired by the Authority hereunder shall be deemed form part of the Site.
Procurement of the Site. 10.3.1 Following the Appointed Date, the Mine Operator shall be responsible for taking over the physical possession of the Site including theMinesfor undertaking the associated activities in respect thereof at its own cost and expense. Following occurrence of the Appointed Date, the Authority Representative and the Mine Operator shall, on a mutually agreed date and time, inspect the Siteincluding the Mines and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees any other immovable property and existing infrastructure (as mentioned in Annexure I of Schedule A)on or attached to the Site including the Mines.
10.3.2 Until the Transfer Date, the Mine Operator shall maintain a round-the-clock xxxxx over the Siteincluding theMines and shall ensure and procure that no encroachment thereon takes place, and in the event of any encroachment or occupation on any part thereof, the Mine Operator shall report such encroachment or occupation forthwith to the Authority and undertake its removal at its own cost and expense.
Procurement of the Site. 5.2.1 After the signing of the Agreement, the KDA Representative and the Contractor shall, on a mutually agreed date and time, inspect the Site and prepare a memorandum containing an inventory of the Site including the vacant and unencumbered land, buildings, structures, road works, trees and any other immovable property on or attached to the Site. Such memorandum shall have appended thereto an appendix (the “Appendix”) specifying in reasonable detail those parts of the Site to which vacant access and Right of Way has not been given to the Contractor. Signing of the memorandum, in two counterparts (each of which shall constitute an original), by the authorized representatives of the Parties shall be deemed to constitute a valid evidence of giving the Right of Way to the Contractor during the Construction Period under and in accordance with the provisions of this Agreement and for no other purpose whatsoever.
5.2.2 On and after signing the memorandum referred to in Sub-clause 5 .2.1, and until the issue of the Taking Over Certificate, the Contractor shall maintain a round-the-clock xxxxx over the Site and shall ensure and procure that no encroachment thereon takes place.