Common use of Reserved Area Clause in Contracts

Reserved Area. 22.8.1. Subject to the provisions of Clause 19.4.1, the Concessionaire undertakes that it shall, at all times during the Concession Period, provide to the Authority or its nominees and the Designated GOI Agencies, as the case may be, such Reserved Area, access and facilities at the Airport as may be necessary to enable them to perform the Reserved Services in accordance with the provisions of this Agreement and as described in Schedule–B. 22.8.2. The Reserved Area shall include such residential accommodation and parking as may be required for operational purposes of Designated GOI Agencies, and the Concessionaire shall build and maintain such residential accommodation and parking facilities as may be mutually agreed between the Concessionaire and respective Designated GOI Agency from time to time. 22.8.3. The Control over the Reserved Area shall vest in the respective Designated GOI Agencies responsible for carrying out the functions for which such area has been earmarked or for any other purpose analogous to such functions. The obligations of the Concessionaire in respect of Reserved Areas and access thereto shall be limited to maintenance of civil works, structures and equipment forming part of the Reserved Area; provided that it shall have unrestricted access thereto in case of Emergency, fire or other similar event. 22.8.4. The Concessionaire shall not reduce or restrict the access, space and facilities provided to the Authority and the Designated GOI Agency for the provision of Reserved Services, except with the prior consent of the Authority or the Designated GOI Agency, as the case may be. 22.8.5. Notwithstanding anything to the contrary contained in this Clause 22.8, the Authority may, with consent of the Concessionaire, transfer the Reserved Area or any part thereof to the Concessionaire on such terms and conditions as may be agreed upon. In such an event, the Concessionaire shall make best endeavours to cooperate with the Authority, including the agencies designated by it, for procuring a safe and efficient environment in the Reserved Area. 22.8.6. In the event of any expansion of the Airport requiring the shifting or reconfiguration of any space or facilities used for provision of the Reserved Services, the Concessionaire shall notify the Authority and the Designated GOI Agency, as the case may be, and mutually determine any modifications that may be required in respect thereof. 22.8.7. Subject to the provisions of Clause 19.4.6, in the event that additional space is required for discharging the specified functions in the Reserved Area, the Authority may, with the consent of the Concessionaire, increase the space comprising the Reserved Area on such terms and conditions as may be mutually agreed upon.

Reserved Area. 22.8.1. Subject to 19.4.1 The space for the provisions of Clause 19.4.1following entities or purposes, the Concessionaire undertakes that it shall, at all times during the Concession Period, provide to the Authority or its nominees and the Designated GOI Agencies, as the case may be, such Reserved Area, access and facilities at the Airport as may be necessary to enable them to perform the Reserved Services in accordance with the provisions of this Agreement and as described in Schedule–B.-B, shall constitute the reserved area in the Terminal Building (the "Reserved Area"): 22.8.2. (a) The Reserved Area shall include such residential accommodation and parking as may be required for operational purposes of Designated GOI Agencies, and the Concessionaire shall build and maintain such residential accommodation and parking facilities as may be mutually agreed between the Concessionaire and respective Designated GOI Agency from time to timeAuthority (b) security; (c) GoUP/GoI or any substitute thereof; (d) DGCA; (e) VIP Lounges; (f) quarantine. 22.8.3. The 19.4.2 Control over the Reserved Area shall vest in the respective Designated GOI Agencies Government Instrumentalities responsible for carrying out the functions for which such area the space has been earmarked under Clause 19.4.1 or for any other purpose analogous to such functionsthe purposes specified in Clause 19. 4.1. The obligations of the Concessionaire in respect of Reserved Areas and its access thereto shall be limited restricted to maintenance of civil works, structures and equipment forming part of the Reserved Area; provided that it shall have unrestricted access thereto in case of Emergency, fire or other similar event. 22.8.4. 19.4.3 The Concessionaire shall not reduce or restrict the accesssupply electricity and water, space at its own cost and facilities provided expense, to the Authority Reserved Area within the Terminal Building. For avoidance of doubt, it is clarified that the cost of serving electricity/water to the reserved area for operational requirement only that has been mutually agreed between the Concessionaire and the Designated GOI Agency for the provision of Reserved Services, except with the prior consent of the Authority or the Designated GOI Agency, as the case may berelevant Government Instrumentality. 22.8.5. 19.4.4 To the extent central air conditioning is installed and operated in the Terminal Building, the Concessionaire shall not deny the benefit thereof to the Reserved Area; provided that this obligation shall not extend to the hours when general air conditioning is switched off for passenger lounges and other common areas within the Terminal Building. 19.4.5 Notwithstanding anything to the contrary contained in this Clause 22.819.4, the Authority and/ or the Designated GoI Agencies, as the case may be, may, with consent of the Concessionaire, transfer the Reserved Area or any part thereof to the Concessionaire on such terms and conditions as may be agreed upon. In such an event, the Concessionaire shall make best endeavours to cooperate with the AuthorityAuthority and/ or the Designated GoI Agencies, including the agencies designated by it, for procuring a safe and efficient environment in the Reserved Area. 22.8.6. In the event of any expansion of the Airport requiring the shifting or reconfiguration of any space or facilities used for provision of the Reserved Services, the Concessionaire shall notify the Authority and the Designated GOI Agency, as the case may be, and mutually determine any modifications that may be required in respect thereof. 22.8.7. Subject to the provisions of Clause 19.4.6, in the event that additional space is required for discharging the specified functions in the Reserved Area, the Authority may, with the consent of the Concessionaire, increase the space comprising the Reserved Area on such terms and conditions as may be mutually agreed upon.

Reserved Area. 22.8.119.4.1. Subject to The space for the provisions following entities or purposes, shall constitute the Reserved Area in the Terminal Building: (a) the Authority; (b) security (c) DGCA; (d) VIP lounges; (e) immigration; (f) customs; (g) quarantine; (h) health; and (i) Government of Clause 19.4.1UP, the Concessionaire undertakes that it shall, at all times during the Concession Period, provide to the Authority or its nominees Government of India and the Designated GOI Agenciesany other designated agencies, as the case may be, such Reserved Area, access and facilities at the Airport as may be necessary to enable them to perform the Reserved Services in accordance with the provisions of this Agreement and as described in Schedule–B. 22.8.2. The Reserved Area shall include such residential accommodation and parking as may be required for operational purposes of Designated GOI Agencies, and the Concessionaire shall build and maintain such residential accommodation and parking facilities as may be mutually agreed between the Concessionaire and respective Designated GOI Agency from time to timeby Applicable Laws. 22.8.319.4.2. The Control over the Reserved Area shall vest in the Authority and the respective Designated GOI Agencies responsible for carrying out the functions for which such area the space has been earmarked under Clause 19.4.1 or for any other purpose analogous to such functionsthe purposes specified in Clause 19.4.1. The obligations of the Concessionaire in respect of Reserved Areas and its access thereto shall be limited restricted to maintenance of civil works, structures and equipment forming part of the Reserved Area; provided that it shall have unrestricted access thereto in case of Emergency, fire or other similar event. 22.8.419.4.3. The Concessionaire shall not reduce or restrict the accesssupply electricity and water, space at its own cost and facilities provided expense, to the Authority Reserved Area within the Terminal Building. For avoidance of doubt, it is clarified that the cost of serving electricity/water to the reserved area for operational requirement only that has been mutually agreed between the Concessionaire and the relevant Government Instrumentality in the Master Plan prepared by the Concessionaire as per Schedule G shall be treated as, aeronautical cost and pass through, provided, the Concessionaire provides electricity & water, free of cost to these Reserved Area. However, the Designated GOI Agency for the provision of Reserved Services, except with the prior consent of the Authority agency or the Designated GOI Agency, Concessionaire as per their mutual agreement will have to bear the cost in case may beof areas allotted for non-operational (other than public places) areas. 22.8.519.4.4. To the extent central air conditioning is installed and operated in the Terminal Building, the Concessionaire shall not deny the benefit thereof to the Reserved Area; provided that this obligation shall not extend to the hours when general air conditioning is switched off for passenger lounges and other common areas within the Terminal Building. 19.4.5. Notwithstanding anything to the contrary contained in this Clause 22.819.4, the Authority may, with consent of the Concessionaire, transfer the Reserved Area or any part thereof to the Concessionaire on such terms and conditions as may be agreed upon. In such an event, the Concessionaire shall make best endeavours to cooperate with the Authority, including the agencies designated by it, for procuring a safe and efficient environment in the Reserved Area. 22.8.619.4.6. In the event of any expansion of the Airport requiring the shifting or reconfiguration of any space or facilities used for provision of the Reserved Services, the Concessionaire shall notify the Authority If and the Designated GOI Agency, as the case may be, and mutually determine any modifications that may be required in respect thereof. 22.8.7. Subject to the provisions of Clause 19.4.6, in the event that when additional space is required for discharging the purposes specified functions in Clause 19.4.1, the Concessionaire shall, in consultation with the relevant Designated GOI Agency, provide additional space to form part of the Reserved Area, the Authority may, with the consent of the Concessionaire, increase the space comprising the Reserved Area on such terms and conditions as may be mutually agreed upon.. For the avoidance of doubt, the Parties expressly agree that in the event additional space is required for expansion of the Reserved Area, the Concessionaire shall be entitled to recover from the relevant Designated GOI Agency a monthly rent equivalent to 50% (fifty per cent) of the average monthly rent received by the Concessionaire for all the space rented out by it in the Terminal Building during the preceding Accounting Year, and such rent shall be revised once in every 3 (three) years. It is clarified that consideration of additional cost for the purpose of pass-through for the determination of aeronautical tariff by AERA, only to the extent this additional cost is provided free of cost by the Concessionaire to the Designated GOI Agencies, shall be assessed by AERA on the merits of the case. Provided, however, that in the event the Terminal Building is expanded for handling additional passenger traffic, the Concessionaire shall provide additional space, free of cost, on a proportionate basis for use as Reserved Area and the treatment of such cost for the purpose of aeronautical tariff determination shall be undertaken as specified in clause 19.4.3