Extent of Licences

14.3  The rights referred to at Clauses 14.1 and 14.2 shall not operate or be deemed to operate as a lease of the Facilities or the Site or any part of the Facilities or the Site and Project Co shall not have or be entitled to exclusive possession or any estate, right, title or interest in and to the Site or the Facilities but shall occupy the Site as a licensee only. 

14.4  The rights referred to at Clauses 14.1 and 14.2 are personal to Project Co and the Project Co Parties and are granted only in so far as such rights are capable of being granted by the Scottish Ministers whether as a result of any restriction in the Title Deeds or otherwise. 

14.5  Project Co shall procure that:

(a)  all Project Operations carried out at the Site by or on behalf of Project Co (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 by Project Co or a Project Co Party, which shall give rise to a right for any person to obtain title to the Site or any part of it.

14.6  The Board undertakes pursuant to the grant of the Licence in terms of Clauses 14.1 and 14.2 to liaise with and consult the Scottish Ministers as licensor in respect of any matters arising under the said licence and/or relating to exercise of the rights granted to Project Co thereunder and/or in terms of this Agreement.

14.7  For the avoidance of doubt, a breach by the Scottish Ministers or the then heritable proprietors of the Site of their obligations under the Licence shall be deemed to constitute a breach by the Board of this Agreement and in respect of such breach Project Co shall be entitled to exercise the rights and remedies available to Project Co in respect of a breach of this Agreement by the Board subject to and in accordance with the provisions of this Agreement. Furthermore, the Parties hereby acknowledge that each of Project Co and the Scottish Ministers have waived their respective rights to exercise rights and remedies under the Licence against the other on the basis that the Licence and rights and remedies available to the parties thereunder are to be construed as if the Licence were part of this Agreement.