Grant of property (often land)

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Key Issues

Example clauses

Notes and References

Grant of property (often land)

The right to occupy and use the property may be granted by:

(a) a transfer of ownership interest;

(b) a lease; or

The choice will depend on what is appropriate for the particular project (given the project time, site and nature of the Concessionaire's interest), what the laws of the country in which the project is conducted and the Authority's policy or usual practice.

Alternative 1

Access during Construction

From the date of issue of the Certificate of Commencement until the Actual Completion Date or (if earlier) the Termination Date, the Authority grants a licence to Concessionaire and the Concessionaire Parties to:

(a) exercise the Ancillary Rights; and

(b) enter upon the Site,

in each case solely for the purposes of implementing the Works and carrying out Concessionaire's Pre-Completion Commissioning.

Access following Construction

After the occurrence of the Actual Completion Date the Authority grants licence to Concessionaire and Concessionaire Parties to enter upon the Facilities solely for the purposes of:

(a) the carrying out of Project Operations (other than those Project Operations which Concessionaire is licensed to carry out pursuant to Clause [Ref]); and

(b) the remedying of Defects and the carrying out of Snagging Matters,

such licence to terminate on the Expiry Date or (if earlier) the Termination Date.

The Licences shall not operate or be deemed to operate as a demise of the Facilities or the Site or any part of the Facilities or the Site and Concessionaire shall not have or be entitled to exclusive possession or any estate right title or interest in the Site or the Facilities but shall occupy the Site as a licensee only.

The Licences are personal to Concessionaire and the Concessionaire Parties and are granted only in so far as such rights are capable of being granted by the Authority whether as a result of any restriction in the Title Deeds or otherwise.

Concessionaire shall procure that:

(a) all Project Operations carried out at the Site by or on behalf of Concessionaire (whether before, during or after the completion of the Works) shall be carried out in a manner which does not breach any provisions of the Title Deeds; and

(b) there shall be no action, or omission to act, which shall give rise to a right for any person to obtain title to the Site or any part of it.

See SOPC Section 31.

Alternative 1 adapted from Department of Health (UK), Standard Form Project Agreement Index reference A1 Folder 1.

Alternative 2

The Authority shall handover to the Concessionaire physical possession of the Project Site free from Encumbrance together with the necessary rights of way/way leaves for the purpose of implementing the Project in accordance with the Project Site Delivery Schedule.

Upon the Project Site or any part thereof being handed over pursuant to the preceding sub-clause (a), the Concessionaire shall, subject to the provisions of clause [ref], have the right to enter upon, occupy and use the Project Site or part thereof delivered to it by the Authority and to make at its costs, charges and expenses such investigation, development and improvements in the Project Site as may be necessary or appropriate to implement the Project and to provide Project Facility in accordance with the provisions of this Agreement.

Alternative 2 adapted from Concession Agreement for Colombo Kathunayake Expressway Project (note confidential), index reference A2, folder 1.