Model Project Development Agreement Page 34
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88Transmission Licence). The Company may be notified in writing in advance of any
inspection of the names of the individuals to be permitted access and the time and date
of such visit.
9.3.2
The Company shall permit the GON, any GON Agency, the Technical Review Panel,
the Project Task Force, the Project Coordination Committee, the Local Project
Coordination Committee, the Independent Engineer, the Handover Expert and their
respective designated representatives and agents without prior notification to enter and
inspect the Hydro Property in the event of a crisis, incident or other untoward position
or threat to the public, health, environment and safety.
9.3.3
The Company shall also grant access to the Project Area to the GON, any GON Agency,
the Technical Review Panel, the Project Task Force, the Project Coordination
Committee, the Local Project Coordination Committee, the Independent Engineer, the
Handover Expert and their respective designated representatives and agents on mutually
agreed terms for the purpose of fulfilling its obligations under this Agreement.
9.3.4
The GON, any GON Agency, the Technical Review Panel, the Project Task Force, the
Project Coordination Committee, the Local Project Coordination Committee, the
Independent Engineer, the Handover Expert and their respective designated
representatives and agents shall have the right of access through the Project Area to
other facilities controlled by the Company or any one of them under circumstances
where reasonable, alternative means of access are not available subject to the prior
reasonable consent of the Company provided that any Person granted such right of way
shall follow the rules concerning safety, traffic, security and other regulations relating to
the Project Area and the performance of the Project prescribed by the Company, which
rules shall not be discriminatory in application.
9.3.5
The Company shall grant access to the Project Area to the GON, any GON Agency and
any authority contemplated in this Agreement or their respective designated
representatives and agents for the purpose of carrying out any activities which they are
legally entitled to carry out on the Project Area pursuant to the Laws of Nepal.
10.
LAND ACQUISITION
Acquisition of GON-Owned Land (Format properly)
10.1
The GON-owned part of the Project Area shall be leased to the Company at an
10.2
annual rent of [Insert amount based on Project requirements] before the Effective Date.
|Acquisition of Non-GON Land
10.2.1
The Company shall make best efforts to acquire title to and vacant possession of the
Project Area and right of way for the Transmission Line not owned by GON
("Non-GON Project Land") directly from the owners of such land at the prevailing
market prices within a period of [Insert number of months] Months from the
Agreement Date.
10.2.2
If the Company fails to acquire title to and vacant possession of any portion of the
Non-GON Project Land in accordance with Section 10.2.1, then the Company may
submit a written application to the GON requiring the GON to acquire such portion of
the Non-GON Project Land (the "Land Acquisition Application").
10.2.3
The Land Acquisition Application shall set out in reasonable detail the steps taken by the
Company to comply with its obligations under Section 10.2.1, including such
information as may be required under the Laws of Nepal.
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