Model Project Development Agreement Page 44
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88Local taxes
13.13
The GON shall use reasonable endeavours to assist the Company in discussions with local
bodies regarding the payment of local taxes and charges for local construction materials
(such as stone, gravel, sand and clay) and tolls for all goods, plant, materials and equipment
transported to the Project Area. Such taxes and charges shall reflect the cost of provision of
such materials.
Provision of documentation in connection with the Project
13.14
The GON shall use reasonable endeavours to make available to the Company the following
documents, data, information, reports and papers prepared for the GON in connection with
the Project to assist in the preparation of the DER and the development of the Project,
subject to the Company reimbursing to the GON all costs incurred in the preparation of
such documents, data, information, reports and papers:
[All documents, data, information, reports and papers to be listed on a
project-by-project basis.]
Site access
13.15
13.15.1 Subject to the requirements of the Laws of Nepal, the Plans, and the EIA/IEE and the
payment of all applicable charges, taxes, fees and royalties, the GON shall grant to the
Company and the Contractors the:
(A)
right to enter the Project Area to carry out such site investigations and
other pre-construction activities as the Company may reasonably
require;
(B)
exclusive rights of access to, and use and possession of, the Project
Area save and except as expressly permitted in the Government
Approvals issued in connection with the Project;
(C)
right to access forest land, riverbeds, river banks and water in the
Project Area to:
(1)
construct and use all necessary buildings and other structures,
roads, ropeways, rail lines and transmission lines;
(2)
open tunnel audits and dump spoil from tunnels in mutually
agreed designated areas;
(3)
lay pipelines to take water from springs;
(4)
during the construction period, open quarries, take out or deposit
stone, sand and earth therein; and
(5)
perform any other activity necessary in connection with the
Project and the generation of electrical output from the Project.
13.15.2 The Company shall not incur any additional charges other than the leasing charges in
connection with the performance of the activities permitted pursuant to Section
13.15.1(C) provided, however, that the Company shall pay any charges imposed
pursuant to the Forest Act, 2049(1993) and the Forest Regulations, 2050, with respect to
any forest area used by the Company.
13.15.3 The Company may temporarily exclude any person from the Project Area, if such
exclusion is necessary or desirable in the interest of safety.
13.15.4 Subject to the provisions of Section 9.3, the Company shall have control over access to
the Project Area including the dam or diversion structure, Power Station, reservoir and
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