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NOTICE INVITING EXPRESSION OF INTEREST
CONTAINER CORPORATION OF INDIA LTD.
Invitation for Expression of Interest (EOI)
CONCOR invites Expression of Interests (EOIs) from the interested parties who wish to
avail warehousing facility as their logistics requirement at following Inland Container Depots
(ICDs), Domestic Container Terminal (DCT) & Multi-modal Logistics Park (MMLP) of
Northern Region, i.e.:
ICDs: Dhandarikalan, Kanakpura, Rewari, Panipat, Ballabhgarh, BGKT, Baddi
DCT: DCT/Okhla.
MMLP: Khatuwas
Interested parties are requested to submit their proposal with their company profile & area
required, duration of license, nature of activities to be carried out in a sealed cover/envelop.
EOI details can be downloaded from CONCOR website: www.concorindia.com. The last
date and time of submission of EOI in sealed cover/envelope, is 27/09/2016 upto 15:00 hrs.
Sd/-
Executive Director
Container Corporation of India Ltd. (CONCOR), Northern Region, Inland Container
Depot, Tughlakabad, New Delhi – 110 020 invites Expression of Interest for leasing out
Warehouses area to the interested parties for operating their logistics activities at ICDs,
DCTs & MMLPs of the CONCOR’s Northern Region Terminals for the period of 11
Months.
EOI Reference Number CON/NR/EOI/WH/2016
EOI Floating Date 17/09/2016
EOI Type Open for all
Form of Contract Expression of Interests (EOIs) from the interested
parties who wish to avail warehousing facility for
operating their logistics requirement at following Inland
Container Depots (ICDs), Domestic Container Terminal
(DCT) & Multi-modal Logistics Park (MMLP) of Northern
Region.
EOI validity 120 days
Document downloading
date & time
From: 17/09/2016 To 27/09/2016 till 15.00 hours on
working days.
Document Submission
date & time
EOI to be submitted against each warehouse separately
in a sealed cover/envelope on or before 27/09/2016
upto 15:00 hrs. at office of The Executive Director,
Northern Region, Inland Container Depot, Tughlakabad,
New Delhi – 110 020.
EOI Document Opening
date & time
27/09/2016 at 15:30 hrs
BACKGROUND: The Container Corporation of India Ltd. (CONCOR) manages and
operates container terminals including Inland Container Depots (ICD), Container Freight
Stations (CFSs) and Domestic Container Terminals (DCTs) at several places in the
country. Over the years, CONCOR has diversified into several container logistics activities
such as container ports, Air cargo Complexes, Air Freight Stations, Warehousing, Logistics
Parks, Supply chain management etc. CONCOR’s Northern Region invites Expression of
Interest (EOI) from eligible parties for leasing out Warehouses space for operating their
logistics activities at ICDs, DCTs & MMLPs at Terminals for the period of 11 Months. The
company's also offers to the interested parties’ multimodal logistics support for India's
international and domestic containerized cargo using Indian rail network.
The location of ICDs. DCTs & MMLPs along with the space available is given below:
Warehouse available of NR Terminals
Terminal Name Type of Warehouse Area
State under which
Warehouse is located
(Export/Import/Bonded/ Dom) (sq. mtrs.)
ICD/Dhandarikalan, Ludhiana
Export/Import Warehouse (FCL) 1200
Punjab Export Warehouse (LCL) 200
MMLP/Khatuwas
Export Warehouse 3500
Rajasthan
Import Warehouse 3500
Domestic Warehouse 3500
ICD/BGKT Export & Import W/H 770
ICD/Kanakpura Export/Import Warehouse 800
Bonded Warehouse 1000
DCT/Okhla
Domestic Warehouse (Old) – 4 blocks of 117.5 Sqm. each Approx..
470
South Delhi
Domestic Warehouse (New) – 8 blocks of 278.81 Sqm. each Approx.
2230
ICD/Panipat Export Warehouse 752
Haryana
Import Warehouse 400
ICD/Ballabhgarh Common W/H for Export & Import 484
ICD/Rewari Bonded Warehouse 366
Export/Import Warehouse 1392
ICD/Baddi Export/Import Warehouse 1000 Punjab
ROAD: All the above terminals are well connected to National Highways by well-maintained
Roads.
RAIL: Except Baddi & Panipat all terminals are having Rail siding connectivity.
AIR PORT: Terminals are well connected with Airport by Road.
Together, these will ensure quick and efficient transit of cargo to and from locations across
the country.
The Terminal are equipped with state of art handling and transport infrastructure, well
protected with DGR appointed security guards, office space for users & 60 MT weighbridge,
drinking water, and other basic amenities. In all respects ready to cater to the local freight
industries as well as storage requirement of retail chain and FMCG, industrial products in
and around cities/towns & very near to various commercial and consumer market which
will be connected for timely dispatches to sales distribution depots/malls or direct to
consumers.
These terminal are also dealing with various cargos such as ceramic tiles, detergents, soda
ash, engineering goods, foodstuff, Salt, bentonite and other general commodities.
CONCOR is catering to the Industries/trade by providing regular train services to Chennai,
Patna, Kolkata, Bangalore, Amingaon, Hyderabad, Salem market, etc. as per the need. It
is connected with Western/Eastern Ports and also providing cabotage movement for Delhi,
Pipavav/Mundra & other places through shipping line containers and through our Business
Associates (BAs).
2. Terms & Conditions of Leave & Licence:
The detailed terms & conditions of Leave & License agreement can be downloaded as
Annexure-I along with this EOI.
3. WHO SHOULD RESPOND
CONCOR would welcome response to EOI from:
· Logistics /3PLService Providers
· Warehouse Developers and Operators
· Freight Forwarders/Shipping Lines/CHAs
· Container Transport/ Logistics Service Providers
· Bulk Commodity Consolidators and Transporters
· Manufacturing/trading company/firm/JV/SPV/Consortium
· Exporters/Importers
· Business Associates of CONCOR
· Existing Contractors of CONCOR 4. HOW TO RESPOND
Interested parties may submit their Expression of Interest enclosing the following:
4.1 Attested copies of the constitution of their Firm/Company/Partnership/Proprietorship etc.
4.2 Company Profile including details of current business activities
4.3 A covering letter with the requirement of space in detail consisting of a. Types of warehouse:
b. Warehouse Area:
c. Proposed use of area:
d. Rate per Sqm. (Rs.) = (to be proposed by interested parties)
The designated authority for submission of EOI, against each warehouse separately in a
sealed cover/envelope, will be:
Office of The Executive Director,
Northern Region,
Inland Container Depot,
Tughlakabad,
New Delhi – 110 020.
Phone: 011-26368100
5. SELECTION PROCESS
After evaluation of EOI submitted by the parties on their letter head mentioning
following details:
a. Types of warehouse:
b. Warehouse Area:
c. Proposed use of area:
d. Rate per Sqm. (Rs.) = (to be proposed by interested parties)
Parties offering Highest Amount in Rs. ‘Per sq. mtrs.’ against the facility offered,
will be called upon for negotiation,
the Highest Rate arrived after negotiation will be base price and
all parties will be offered the Highest rate arrived against the respective warehouse,
to enter into license arrangement with CONCOR for the uses of said warehouse
area. However, CONCOR reserves the rights, without any obligation or liability, to accept or
reject any or all the EOIs at any stage of the process, to cancel or modify the process or
any part thereof or to vary any of the terms and conditions at any time, without assigning
any reason whatsoever.
6. LAST DATE FOR SUBMISSION.
The EOI documents complete in all respects should be submitted, against each
warehouse separately in a sealed cover/envelope, on or before 15:00 hrs on
27/09/2016, in the office of The Executive Director, Northern Region, Inland Container
Depot, Tughlakabad, New Delhi – 110 020. The EOI shall be opened at 15:30hrs on
27/09/2016.
Please contact following officials for any information or clarifications on EOI:
i) Sh. Anil Kotnala, Sr. GM/C&O/NR- 011-26363526
ii) Sh. Gaurav Mani, Addl. Officer/C&O/NR - 9560597210
Sl.
No
.
Annexure-I
Warehouse Agreement
1 THIS AGREEMENT is made at ___________ this ____ day of ________,
BETWEEN
Container Corporation of India Limited, a company incorporated under the
provisions of the Companies Act, 1956 and having its registered office at CONCOR
Bhawan, C-3, Mathura Road New Delhi-110076, hereinafter referred to as “the
Licensor” (which expression shall, unless repugnant to the context or meaning thereof,
be deemed to mean and include its successors and permitted assigns) of the One Part
AND
___________________________, a company/firm/proprietorship concern incorporated
under the provisions of the __________and having its registered office
at________________, hereinafter referred to as “the Licensee” (which expression shall,
unless repugnant to the context or meaning thereof, be deemed to mean and include its
successors and permitted assigns) of the Other Part.
2 (i) The licensee has applied for the grant of license of a portion of the premises
measuring about ….. sq. mtr.
(ii) The Licensor is in possession and control of the premises No….. at Okhla Phase II
New Delhi-110020 hereinafter referred to as premises.
(iii) The Licensors hereby represent that the title of the Licensors to the Licensed
Premises is marketable and free from encumbrances of any nature whatsoever
and the Licensors have full right and authority to grant the License of the Licensed
Premises to the Licensee for the purpose of its business;
(iv) Pursuant to the negotiations held in that regard, and at the request of the Licensee,
the Licensor has agreed to grant the Licensee a license of a portion of the premises
measuring approximately _________ sq. mtr. (hereinafter referred to as the ‘said
Premises’) on leave and license basis for a period of 11 months for the purpose of
warehousing subject to the payment of the license fee and upon the terms and
conditions herein specified.
3 1. LICENSE
1.1 Subject to and in accordance with the terms of this Agreement, the Licensor
hereby grants a bare, non transferable, non assignable, non heritable license
(“License”) to the Licensee to use the said Premises for term specified in Clause-
2 hereto and for Specified Purpose set forth in the Agreement.
4 2. TERM
2.1 In consideration of the licensee fee to be paid in the manner as mentioned in
accordance with the provisions of this Agreement by the licensee to the
licensor and licensee’s covenant to observe and perform and abide by the terms
and conditions of the license to the licensor, both hereby grant permission by
way of lease and license basis for warehousing use only for 11 months
commencing from ______to ______.
2.2 After expiry of the Term, the term of the License will not be extended beyond 11
months and a fresh agreement for another 11 months will be considered by the
competent authority (ED/NR in this case) with an increase of 10% in the existing
License Fee or the rate of license fee and maintenance charge as decided by the
Licensor for the period of such continuation. The terms and conditions to be
decided by the licensor in its sole discretion and the decision of the licensor shall
be final and binding.
This provision does not give any right to the Licensee to obtain an extension of
the Term and does not impose any obligation on Licensor to grant any
extension.
5 3. LICENSE FEE AND PAYMENT TERMS
3.1 In consideration of grant of license of the said Licensed Premises by Licensor,
the License fee shall be payable by the Licensee at the rate of Rs ……/- (Rupees
………………………) per sq. mtr. of ……. area per month in advance.
Additionally, Service tax as applicable shall have to be paid on License fee and
Service charges/Maintenance Charges.
3.2 License fee, Service charges/Maintenance Charges and service tax shall be
payable before 7th of each month in advance. All payments in this regard shall
have to be made by the Licensee through Pre–Deposit Account (PDA) of
Licensee at DCT/Okhla.
3.3 The Licensee shall ensure that an amount equivalent to License Fee as per the
terms of the 3.1 of the agreement shall be available in its PDA without fail. The
Licensor shall have right to recover/collect/debit the amount as per the terms
of the 3.1 of the agreement from the PDA of Licensee.
3.4 It is specifically agreed by the Licensee that, all present and future taxes, duties,
cesses and levies in relation to this Agreement, including without limitation, any
service tax, cess, levy shall be solely borne and paid by the Licensee alone.
3.5 The Licensee hereby agrees to indemnify and shall at all times keep the
Licensor fully and effectually saved, harmless and indemnified from and against
all actions, claims, demands, proceedings, losses, damages, costs, charges and
expenses which the Licensor may incur, sustain or suffer by reason of non-
payment or delayed payment by the Licensee of the amounts, duties, taxes
(including cesses thereon) or any of them or any part thereof in respect of or
relating to the said Premises payable by the Licensee under the foregoing
clauses.
3.6 Each payment and deposit to be made under this Agreement by Licensee shall
be made without set-off or counterclaim and free and clear of and without any
deduction or withholding of any kind whatsoever.
3.7 In the event of the failure to pay the license fee on the stipulated date, licensor
will be at liberty to charge interest @ 18% per annum and may terminate license
for repeated non-timely payment.
3.8 Maintenance Charges: In addition to the License Fee specified above, on and from
the Effective Date the Licensee shall pay its proportionate share of the
maintenance charges amounting to Rs.25/- per square meter per month on
Monthly basis.
6 4.SECURITY DEPOSIT
4.1 The Licensee shall, deposit with the Licensor before taking possession of the said
premises, a sum of Rs. _________/- (Rupees_________) equivalent to 3 months
License fee including maintenance charge which the Licensor shall hold as
Security Deposit, which shall be free of interest.
4.2. It is agreed by the Licensee that the Licensor shall be entitled to deduct any sums
from this Security Deposit recoverable by the Licensor from the License by virtue
of this License Agreement towards the said Premises or towards arrears of
License fee, electricity dues, damages, default, or breach of any terms and
conditions or any other charges relating to the Licensed Premises. On
termination of this License, the Security Deposit or such part thereof as has not
been appropriated as aforesaid, shall be refunded to the Licensee after
adjustment of all money (ies) and outstanding dues under this License or from
any other contract entered into between the Parties. The security deposit or BG
will be refunded/returned within 1 (one) month of the completion of the Lease
period or extended period of Lease, on obtaining ‘No Dues Certificate’ from the
Terminal Manager. No interest is payable on the security deposit under any
circumstances.
4.3 The Licensor shall restore the Premises to its original condition at the expiry or
pre termination of the agreement or else the Licensor shall be entitled to make
good the loss and deduct the same from the Security Deposit.
4.4 The licensee shall deposit the aforesaid security in the form of Demand Draft or
deposit in the licensee’s PDA and licensor shall issue debit note to licensee.
4.5 In the event of the licensee failing to pay the amount of the license fee, electricity
and maintenance charge in the manner specified, within 15 days of the time
appointed, then without prejudice to any other right to the licensor against the
licensee, the licensor shall be at liberty to revoke this license and call upon the
licensee to remove his good and fixtures from the said premises. The licensee
shall hand over the premises in the same condition as were given to it subject
however to normal wear and tear.
7 5.PROPERTY RIGHTS
5.1.1 The License is only a bare permission to the Licensee to use the Licensed
Premises, without its physical possession and only for running the business of
aggregation of outward cargo or stacking inward cargo temporarily for
transporting through Container Corporation of India and is subject to the terms,
conditions and covenants contained in this Agreement. No tenancy, sub-
tenancy, lease or any other protected right, title, interest, or easement
whatsoever is or shall be deemed to have been created or sought to be created
by or under this License without prior written permission of the licensor in
writing. In case of subletting misuse and improper utilization, licensor shall
have a right to cancel the allotment by giving on a month’s notice.
5.2 The Licensee acknowledges that that for all practical purposes the possession of
the said Premises here in shall always remain vested with the Licensor.
5.3 The Licensee further acknowledges that the possession and the control of the
Licensed Premises shall be that of the Licensor throughout and it is clear that the
Licensee shall not have any right to exclusive possession of the Licensed
Premises at any time.
5.3.1 The Licensee agrees and declares that it shall not create any permanent
structures or make any alteration to the said Licensed Premises without the prior
written approval of the licensor.
5.3.2 That the licensor hereby gives permission to the licensee to put lock on the door
of the licensed premises for security reasons. Licensors shall have the right at all
times, to enter the licensed premises, whenever if he thinks necessary for
inspecting the same or for and other purpose for which the licensee’s permission
shall not be required.
5.3.3 It is clearly understood that no lease of the premises is being granted that the
possession and control of Licensor including the licensed premises, shall be that
of the licensor throughout and it is clearly understood that the licensee shall not
have any right of exclusive possession of the licensed premises at any time.
5.3.4 Any violation of the provisions mentioned herein will constitute misuse of the
licensed premises and licensor may exercise its discretion to terminate license.
5.3.5 CONCOR will not be in any way be responsible for any loss or damage accruing to any
goods, stores or articles that may be kept by the Lessee / Licensee in the allotted space.
The Lessee/Licensee shall, at their own cost, take insurance cover for the cargo stored
at DCT, Okhla Warehouse for the above lease period. The Lessee/Licensee must have
their own Security arrangements for the cargo stored in the warehouse.
8 6.LICENSEE COVENANTS AND UNDERTAKINGS
6.1 The Licensee shall maintain the internal structures of the said Premises properly
in good order and serviceable condition. If the Licensee fails to do so, the
Licensor will carry out the work of repair and/replacement and realize the cost
thereof, from the Licensee, notwithstanding Licensor’s right for termination of
License for negligence or any other reasons whatsoever.
6.2 The Licensee shall request the Licensor seeking permission to furnish the said
Premises in a temporary, ready to move manner at its/his own cost, the
Licensor after being satisfied that the furnishing shall not in any manner be
detrimental or cause any damage to the property may permit and
approve/sanction the plan of the Licensee.
6.3 The Licensee shall keep the said premises in a neat, clean and orderly condition
and for that purposes shall do whatever is required/ desired by Licensor.
6.4 The Licensee shall during the tenure and terms of the license, be permitted to use
the said premises, measuring ……..sq. mtr ……..area located at the said
Complex only for Specified Purpose and in no case the Licensee shall be
permitted to carry on any other business except those mentioned herein.
6.5 The Licensee shall be responsible to take out, obtain and keep in force and pay
for all necessary licenses/permissions from the State, Municipal or any other
authorities wherever necessary.
6.6 The Licensee shall be provided with electric connection for the purposes of office
lights, computers & fans. If any damage is done to the electrical installation and
fitting the Licensor shall be entitled to recover from the Licensee the cost of such
repairs and replacement. The Licensee shall not interfere in any manner with the
electric connection or the point from which the electricity is being supplied to the
said premises. Any interference by the Licensee shall attract penal apart from
other remedies available to the Licensor.
6.7 The Licensee shall pay to the Licensor the electricity charges as fixed by the
Licensee within 15 days of the presentation of each periodical bill in respect of
the said Premises. If the licensee fails to pay the same within the above said
period 18% p.a. will be levied as delayed payment charges, without prejudice to
other remedies which may be available to the Licensor.
6.8 The Licensee shall not use the licensed premises, designated parking space or
access ways in such a way as to cause any nuisance, damage disturbance,
annoyance, and inconvenience to the persons or adjoining or neighboring
property or to the owners, occupiers or users of such adjoining premises.
6.9 That no employee or guest of the Licensee shall be entitled to stay in the said
Premises after office hours or the time fixed by the Licensor. The Licensee shall
further ensure that no contraband or explosive material should be kept there
which may cause damage to the said Premises.
6.10 In the event of the Licensee failing to pay the amount of the License fee,
electricity and service charges in the manner specified within fifteen days of the
due date, then without prejudice to any other rights of the Licensor against the
Licensee the Licensor shall be at liberty to revoke this License and call upon the
Licensee to remove his goods and fixtures from the said Premises. The Licensee
shall hand over the premises in the same conditions as were given to it.
6.11 The Licensee shall not do or permit to be done any act whereby Licensor’s right,
title or interest in to and upon the Licensed Premises is in any way prejudicially
affected, impaired or extinguished.
6.12 The licensee shall not stock cargo beyond the load ability of the floor and ensure
that the floor is not damaged during handling or storage of cargo. The licensee
shall bear full responsibility and reimburse for any damage occurring in the
area and in this regard the decision of the appointed officer of the licensor shall
be final and binding in the matter of determining the cause of such damages.
6..13 The licensee shall maintain proper record of inflow, outflow and inventory of
cargo and the same may be inspected by the licensor at any time.
6.14 The licensee is to observe all safety norms in the handling and storage of cargo
in the licensed premises. The licensee shall take adequate insurance cover to
protect the cargo being stored in the warehouse.
6.15 CONCOR shall authorize its official to inspect and oversee functioning of services with
a view to ensure efficient services. In case there are repeated failures or lacuna noticed
due to failure of Lessee/Licensee, the authorized CONCOR official can impose a fine
up to Rs. 1000/-at one time to be paid immediately by the Lessee/Licensee. The
Lessee/Licensee will ensure that hazardous or inflammable or any other intoxicating /
radioactive material are not stored in and around the warehouse space.
9 7.PERSONNEL
7.1 The Licensee shall, for the purpose of this agreement, employ only such servants
as shall have good character and be well behaved and skillful in their work. The
Licensee shall normally have the character of all persons employed by him verified
by the police department before employment. The Licensee and the servants
employed by him shall be subject to the general discipline and decorum of the said
Premises and shall confirm to such direction in respect of points or routes of entry
and exit to and from the licensed premises and in respect of the use of toilets and
washrooms. If any irregularity is found on the part of any of the employee of the
licensee and licensor will bring it to the notice of the licensee, and if no action is
taken against the employee for such unauthorized use and occupation within a
reasonable time, the licensor will have sole right to terminate the contract after
giving 15 days clear notice.
7.2 The Lessee/Licensee will issue ID cards to their staff / workers in the format approved by
CONCOR. Entry of Licensee’s employees into the office premises at Warehouse
Area/Terminal and the Administration complex will be on the basis of the entry permit by
CONCOR only.
10 8.TERMINATION
8.1 Termination by Licensor
In the event:
8.1.1 Licensee fails to pay the License Fee or any other amounts due to Licensor under
or arising out of or pursuant to this Agreement by the respective due dates
therefore; or
8.1.2 Licensee uses the Licensed Premises for purposes other than the Specified
Purpose, or
8.1.3 Licensee is in breach of Applicable Laws; or
8.1.4 Licensee fails to perform or commits a breach of any of its obligations,
representation, warranties under this Agreement; or
8.1.5 required pursuant to a government order;
8.2 In the event of any of the above circumstances, Licensor may at its option, issue
notice to Licensee requiring it to cure or otherwise remedy such event, breach or
default, and if such event, breach or default is not remedied or cured within a
period of fifteen days from the date of the aforesaid notice (or such longer
period as LICENSOR may its sole discretion permit).
8.3 The licensor may at any time and as its discretion, call upon the licensee to vacate
the warehouse and give him suitable alternative accommodation for the purpose
of this license. In such cases, the licensee shall be obliged to vacate the warehouse
within a period of 30 days and accept the said accommodation.
8.4 The license can be terminated by the licensor at any time giving One-month
notice without assigning any reason whatsoever and in such case; the license fee
for the un-expired period of the license shall be refunded to the licensee by the
licensor.
8.6 TERMINATION BY LICENSEE
8.6.1 The licensee shall also have the right to terminate the license prior to the date of
expiry of the term of the license by giving one-month prior notice.
8.7 CONSEQUENCES OF EXPIRY OR TERMINATION
8.7.1 Upon the termination, for any reason, or the expiry of this Agreement, the
License hereunder shall stand terminated and Licensee shall:
8.7.1.1 Forthwith cease to perform its activities at the Licensed Premises and shall at its
own cost, remove itself and its employees, personnel, servants, contractors, sub-
contractors and agents and its and their properties (which includes effects and
personal belongings ) from the Licensed Premises without causing any damage
thereto or the properties of Licensor and without any disruption to operations
at the said premises and shall restore the Licensed Premises to the same
condition as it was prior to it being licensed to the Licensee within a week
thereof.
8.7.1.2 Pay Licensor all fees, charges and amounts accrued under or pursuant to this
Agreement forthwith upon the date of expiry or termination of this Agreement;
and
Notwithstanding anything to the contrary:
8.8 So long as any fees and charges payable to Licensor under this Agreement
remain unpaid, Licensee shall seek Licensor’s prior written permission prior to
removing its movable properties and Licensor shall have the right and be at
liberty to detain all or any such properties and refuse to grant
permissions/clearances to Licensee for removal of any such properties until
such time as such amounts shall have been paid in full.
8.9 If Licensee fails to perform and complete its obligations the Licensor shall be
entitled to, at the cost of Licensee, remove Licensee, its employees, personnel,
servants, contractors, sub-contractors and agents and its and their movable
properties, and take steps to prevent the entry of Licensee, its employees,
personnel, servants, contractors, sub-contractors and agents.
8.10 Upon the failure of Licensee to perform and complete its obligations hereunder
without prejudice to its rights and remedies hereunder or at law, Licensor would
be entitled to receive as damages but not in the nature of penalty, a sum equal
to twice the License Fee per day from Licensee for each day of failure by Licensee
to perform and complete such obligations.
8.11 On expiry or on earlier termination of the License the Licensor shall grant
permission to the Licensee to remove its belongings from the licensed Premised
within a week thereof, after receiving a written request in this regard and the
Licensor shall have full right to monitor such removals by the Licensee.
8.12 If the Licensed premises are required by the licensor temporarily for any
purpose the Licensee shall, upon notice being given by the Licensor, quit the
licensed premises with all belongings and the Licensor shall refund the license
fee for such period for suspension.
8.13 If the licensee does not remove its belonging on the expire revocation or
termination of the license, the licensor shall have the right to stop the entrance
of licensee and or its nominees/ employees into the licensed premises and to
remove the belonging of the licensee from the licensed premises at the risk and
cost of the licensee.
11 9.Force Majeure
9.1 Neither Party shall be liable to the other for any delay or failure in the
performance by it of any obligation hereunder to the extent affected, delayed or
prevented by an event of Force Majeure, provided that the Party that is affected
by the Force Majeure shall provide notice thereof to the other Party as soon as
practicable, but in any event not later than 7 days from the time which the
affected Party knew or should reasonably have known of the commencement of
the event of Force Majeure.
9.2 If any event of Force Majeure continues beyond a period of one month, the
Licensor shall have the right to terminate this Agreement with notice to the other
Party.
12 10.NOTICES
10.1 All noticed directions and approvals to be given by the licensor shall be in
writing and may unless otherwise expressly provided by any of the condition
aforesaid, be exercised and given by the Executive Director/ Chief General
Manager, Inland Container Depot, Tughlakabad, any of the Group General
Manager/Directors or Managing Board or Directors of the company for this
(licensor for the time being or any other officer authorized by the Board of
Directors of the Company for this purpose)
13 11.Representations
11.1 Each Party represents and warrants to the other that the following
representations and warranties are true, complete and valid;
11.2 It is a company/firm/proprietorship concern duly incorporated and validly
existing under the laws of India;
11.2.1 It has the necessary power and authority and has taken all actions necessary to
validate, execute and deliver this Agreement and to perform its obligations there
under; and
11.3 Its obligations under this Agreement will be legally valid and binding and
enforceable against it.
14 12.MISCELLANEOUS
12.1 ASSIGNMENT
That the Licensee shall not assign, sublet or part with the possession of the said
licensed premises without prior written permission of the Licensor in writing. It
is further clarified that this License is not transferable or assignable in any
manner whatsoever However, the Licensor shall be entitled at any time to
assign, transfer, novate, this agreement or any of its rights and obligations
benefits hereunder to any party, without the consent of the Licensee.
12.2 That the Licensee shall observe and carry out any directions that may be issued
by the Licensor from time to time.
12.3 INDEPENDENT PARTIES:
The arrangement recorded in this Agreement is not, and shall not be deemed
to be, a joint venture or partnership between the Parties.
12.4 ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between the Parties at the date
hereof in relation to the License herein.
12.5 AMENDMENTS AND WAIVER:
No amendment or waiver of any provision of this Agreement or consent to any
deviation by any of the Parties from the terms thereof, shall in any event be
effective unless in writing and signed by the Parties hereto. Any delay in
exercising a right under this Agreement shall not operate as a waiver thereof.
12.6 SEVERABILITY:
The illegality, invalidity or unenforceability of any provision of this Agreement
under the law of any jurisdiction shall not affect the legality, validity or
enforceability of any other provision.
12.7 LEGAL COSTS:
The Licensee shall bear and pay all legal costs (including that borne by the
Licensor) in respect of this License and matters arising there from or connected
therewith.
12.8 CONFIDENTIALITY:
The Licensee shall keep this Agreement and information in relation to this
Agreement strictly confidential and shall not disclose any such information
without prior consent of the Licensor.
15 13.INDEMNITY
13.1 The Licensee agrees and undertakes to indemnify the Licensor and keep the
Licensor indemnified against all losses, claims, demands, actions, proceedings
damages, costs or expenses or other liability arising in any way from this License
and /or any breach of any of the Licensee’s undertaking contained herein above.
16 14.STAMP DUTY
14.1 All stamp duty, registration charges and other taxes payable on this Agreement
shall be borne by the Licensee.
17 15.GOVERNING LAW AND JURISDICTION
15.1.1 This Agreement shall, in all respects, be governed by the laws of India without
reference to its conflict-of-law provisions. Subject to the below provision, the
courts at Delhi/New Delhi shall have exclusive territorial jurisdiction out of or
in relation to all disputes arising from or relating to this Agreement.
15.1.2 In the event of the arbitrator denying, neglecting or refusing to act or resigning
or being unable to act for any reason or his award being set aside by the court
for any reason, it shall be lawful for the Executive Director/NR of the Container
Corporation of India Limited to appoint another arbitrator in place of outgoing
arbitrator in the manner aforesaid. Upon every assessment of the cost incidental
to the reference and award respectively shall be in the discretion of the arbitrator
subject as aforesaid the Arbitration & Conciliation Act, 1996, and the rules made
there under, any statutory modifications thereof for the time being in force shall
be deemed to apply to the arbitration proceedings under this clause. The venue
of the arbitration shall be New Delhi, or such other place as the arbitrator at his
discretion may determine.
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