Utilities Associated Roads and Trees. 50 11.1 Existing utilities and roads 50 11.2 Shifting of obstructing utilities 50 11.3 New utilities and roads 50 11.4 Felling of trees 51 ARTICLE 12 52
Utilities Associated Roads and Trees. Notwithstanding anything to the contrary contained herein, the Licensee shall ensure that the respective entities owning the existing roads or utilities on, under or above the Site are enabled by it to keep such utilities in continuous satisfactory use, if necessary, by providing suitable temporary or permanent diversions with the authority of the controlling body of that road or utility, and the Licensor shall, upon written request from the Licensee, initiate and undertake at the Licensee’s cost, legal proceedings for acquisition of any right of way necessary for such diversion.
Utilities Associated Roads and Trees. 43 11.1 Existing utilities and roads 43
Utilities Associated Roads and Trees. 11.1 Existing utilities and roads Notwithstanding anything to the contrary contained herein, the Concessionaire shall ensure that the respective entities owning the existing roads right of way or utilities, on, under or above the Site are enabled by it to keep such utilities in continuous satisfactory use, if necessary, by providing suitable temporary or permanent diversions with the authority of the controlling body of that road, right of way or utility, and the Authority shall, upon written request from the Concessionaire, initiate and undertake at the Authority’s cost, legal proceedings for acquisition of any right of way necessary for such diversion.
Utilities Associated Roads and Trees. 11.1 Existing utilities and roads Notwithstanding anything to the contrary contained herein, the Operator shall ensure that the respective entities owning the existing roads, right of way or utilities on, under or above the Site are enabled by it to keep such utilities in continuous satisfactory use. The Authority vide a separate arrangement has entered into an Agreement for mobile tower(s) erected on the roof of the administrative building, the term of this Agreement is valid till 09.08.2025. The Operator shall at no time claim any privilege (monetary or otherwise) from the Authority in this context.
Utilities Associated Roads and Trees. 52 11.1 Existing utilities and roads 52 11.2 New utilities and roads 52 ARTICLE 12. OPERATION AND MAINTENANCE 53 12.1 O &M obligations of the Operator 53 12.2 Maintenance Requirements 53 12.3 Damages for breach of maintenance obligations 53 12.4 Modifications to the Project 54 12.5 DELETED 54 12.6 Quarterly Tariff Statement 54 ARTICLE 13. SAFETY REQUIREMENTS 55 13.1 Safety Requirements 55 ARTICLE 14. DELETED 56 ARTICLE 15. INDEPENDENT CONSULTANT 57 15.1 Appointment of the Independent Consultant 57 15.2 Duties of Independent Consultant 57 15.3 Authorised signatories 58 15.4 Review and Termination of the Independent Consultant 59 PART III FINANCIAL COVENANTS 61 ARTICLE 16. CONSIDERATION BY THE OPERATOR 63 16.1 Upfront Fee 63 16.2 Minimum Guaranteed Annual Fee (MGAF) 63 16.3 Delay in payment of Consideration 65 16.4 Set-off 65 ARTICLE 17. DELETED 66 ARTICLE 18. ESCROW ACCOUNT 67 18.1 Escrow Account 67 18.2 Deposits into Escrow Account 67 18.3 Withdrawals during Agreement Period 67 18.4 Withdrawals upon Completion/Option to Exit/Termination 68
Utilities Associated Roads and Trees. 11.1 Existing utilities advertising infrastructure and roads Notwithstanding anything to the contrary contained herein, the Service Provider shall ensure that at all times the respective entities owning the existing roads, right of way, advertising infrastructure or utilities on, under or above or beside the Site are enabled by it to keep such utilities in continuous satisfactory use, if necessary, by providing suitable temporary or permanent diversions with the Contracting Authority of the controlling body of that road, right of way or utility, and the Contracting Authority shall, upon written request from the Service Provider, initiate and undertake at the Service Provider’s cost, legal proceedings for acquisition of any right of way necessary for such diversion.
Utilities Associated Roads and Trees. Existing utilities and associated roads Notwithstanding anything to the contrary contained herein, the Concessionaire shall ensure that the respective entities owning the existing associated roads or utilities on, under or above the Site are enabled by it to keep such utilities in continuous satisfactory use, if necessary, by providing suitable temporary or permanent diversions with the authority of the controlling body of that associated road, or utility, and the Authority shall, upon written request from the Concessionaire, initiate and undertake at the Concessionaire’s cost, legal proceedings for acquisition of any right of way necessary for such diversion. Shifting of obstructing utilities The Concessionaire shall, subject to Applicable Laws undertake shifting of any utility including electric lines, water pipes and telephone cables, to an appropriate location or alignment within or outside the Site if and only if such utility causes or shall cause a material adverse effect on the construction, operation or maintenance of the Storage Facility. The cost of such shifting shall be borne by the Concessionaire or by the entity owning such utility, if the Authority so directs, and in the event of any delay in shifting thereof, the Concessionaire shall not be excused for failure to perform any of its obligations hereunder; unless such failure is a direct consequence of delay on the part of the entity owning such electric lines, water pipes or telephone cables, as the case may be Felling of trees The Concessionaire shall obtain Applicable Permits for felling of trees for this purpose if and only if such trees cause a material adverse effect on the construction, operation or maintenance of the Storage Facility. The cost of such felling shall be borne by the Concessionaire, and in the event of any delay in felling thereof for reasons beyond the control of the Concessionaire, it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees. For the avoidance of doubt, the Parties hereto agree that the felled trees shall be deemed to be owned by the Authority and shall be disposed in such manner and subject to such conditions as the Authority may in its sole discretion deem appropriate.
Utilities Associated Roads and Trees. 37 11.1 Existing utilities and roads 37 11.2 Shifting of obstructing utilities 37 11.3 Utilities required for Project 37 11.4 Felling of trees 37
Utilities Associated Roads and Trees. 35 11.1. Existing utilities and roads 35 11.2. Shifting of obstructing utilities 35 11.3. New utilities and roads 36 11.4. Felling of trees 36
