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Rights, Title and Use of the property

The Concessionaire shall have the right to the use of the Project Site in accordance with the provisions of this Agreement and for this purpose it may regulate the entry and use of the same by third parties. 

The Concessionaire shall not part with or create any Encumbrance on the whole or any part of the Project Site save and except as set forth and permitted under this Agreement. 

The Concessionaire shall not without the prior written consent or approval of the Authority use the Project Site for any purpose other than for the purpose of the Project/the Project Facility and purposes incidental or necessary thereto. 

The Concessionaire shall allow access to and use of the Project Site/ Project Facility for laying/installing telegraph lines, electric lines or for such other public purposes as the Authority may specify. 

Provided that such access or use shall not result in a Material Adverse Effect and that the Authority shall, in the event of any physical damage to the Project Site/Project Facility on account thereof, ensure that the Project Site/Project Facility is promptly restored at its cost and expenses.

Provided further, that to the extent such access and use allowed by the Concessionaire affects the performance of any of its obligations hereunder, the Concessionaire shall not be deemed or construed to be in breach of its obligations nor shall it incur/suffer any liability on account thereof. 

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