Appendix

Draft

Enclosure to Ministry of Road Transport & Highways letter No. 33044/29/2015 S&R(R) dated 22.11.2016.
AGREEMENT REGARDING GRANTING OF RIGHT OF WAY
PERMISSIONS
FOR LAYING UTILITY SERVICES ON NATIONAL HIGHWAYS
Agreement to lay Telecom cable/OFC cable/electrical cable/pipe line/ ducts etc.
to from Km of land.

This Agreement made this ____________ day of __________ (month) __________ of (year) between
_________ acting in his executive capacity through _____________

(hereinafter referred to as the "Authority" which expression shall unless excluded by or repugnant to the
context, include his successors in office and assigns) on the one part, and M/s.
_____________________________ , a company registered under the Companies Act, 1956 and having its
Registered Office at (hereinafter called the "Licensee") which expression shall unless excluded by repugnant
to the context, include his successors/administrator assignees on the second part.

Whereas the Authority is responsible, inter-alia, for development and maintenance of lands in Km....…..
to ………………. of NH No……………. RoW.

Whereas the Licensee proposes to lay Telecom cable/OFC cable/electrical cable/ pipe line/ducts etc.
referred to as utility services in subsequent paras.

Whereas the Licensee has applied to the Authority for permission to lay utility services from
Km_____________ and from km____________ of road/route up to ________________ and from km
_________ to km _________________ of road/route up to ____________

And whereas the Authority has agreed to grant such permission for way leave on the NH ROW as per
terms and conditions hereinafter mentioned.

Now this agreement witnesseth that in consideration of the conditions hereinafter contained and on
the part of the Licensee to be observed and performed, the Authority hereby grants to the Licensee
permission to lay utility services as per the approved drawing attached hereto subject to the following
conditions, namely.

1. RoW permissions are only enabling in nature. The purpose of extending the way leave facility on the
National Highway RoW is not for enhancing the scope of activity of a utility service provider, either by
content or by intent. Further, enforceability of the permission so granted shall be restricted only to the
extent of provisions/scope of activities defined in the license agreement & for the purpose for which it is
granted.

2. No Licensee shall claim exclusive right on the RoW and any subsequent user will be permitted to use the
RoW, either above or below, or by the side of the utilities laid by the first user, subject to technical
requirements being fulfilled. Decision of the Authority in relation to fulfilment of technical requirements
shall be final and binding on all concerned parties. In case any disruption' damage is caused to any
existing user by the subsequent user, the Authority shall not be held accountable or liable in any manner.
3. The Licensee shall be responsible for undertaking all activities including, but not limited to site
identification, survey, design, engineering, arranging finance. Project management, obtaining regulatory
approvals & necessary clearances, supply of equipment, material, construction, erection, testing and
commissioning. maintenance and operation and all other activities essential or required for efficient
functioning of their own utility industrial infrastructure facilities.

4. The Licensee shall pay license fees @Rs …………………………………….../sq. m/month to the Authority. The
License fee shall become payable from the date of handing over of RoW land to the Licensee. for laying of
utilities/cables/conduits/pipelines for infrastructure/ service provider. As regards Tariff and Terms and
conditions for providing common utility ducts along National Highways, there shall be a separate
agreement regime.

5. Fee shall have to be paid in advance for the period for which permission is granted for entering into a
license agreement. In case of renewal, rate prevailing at the time of renewal shall be charged. Delay in
deposition of fee shall attract interest @15% per annum compounded annually.

6. Present policy of the MoRT&H is to provide a 2.00 m wide utility corridor on either side of the extreme
edge of RoW. In cases where utility ducts with sufficient space are already available along NH, the utility
services shall be laid in such ducts subject to technical requirements being fulfilled.

7. The utility services shall be laid at the edge of the RoW. In case of restricted width of RoW, which may be
adequate only to accommodate the carriageway, central verge, shoulders, slopes of embankment, drains,
other road side furniture etc; the utility services shall be laid beyond the toe line of the embankments and
clear of the drain.

8. The Licensee shall make his own arrangement for crossing of cross drainage structure, rivers, etc. below
the bed. In case, this is not feasible, the utility services may be carried outside the railings/parapets and
the bridge superstructure. The fixing and supporting arrangement with all details shall be required to be
approved in advance from the concerned Highway Administration. Additional cost on account of fixing
and supporting arrangement as assessed by the Authority shall be payable by the Licensee.

9. In exceptional cases, where RoW is restricted the utility services can be allowed beneath the carriageway
of service road, if available, subject to the condition that the utility services be laid in concrete ducts,
which will be designed to carry traffic on top. The width of the duct shall not be less than one lane. In
such cases, it also needs to ensure that maintenance of the utility services shall not interfere with the safe
and smooth flow of traffic. The cost of operation and maintenance will have to be borne by the Licensee.

10. It is to be ensured that at no time there is interference with the drainage of the road land and
maintenance of the National Highways. Towards this, the top of the utility services shall be at least 0.6
metre below the ground level. However, any structure above ground shall be aesthetically provided for
landscaped with required safety measures as directed by the concerned Authority.

11. The utility services shall be permitted to cross the National Highway either through structure or conduits
specially built for that purpose. The casing/conduit pipe should, as minimum, extend from drain to drain
in cuts and toe of slope to toe of slope in the fills and shall be designed in accordance with the provision
of IRC and executed following the Specifications of the Ministry

12. Existing drainage structures shall not be allowed to carry the lines across.

13. The top of the casing/conduit pipe containing the utility services to cross the road shall be at least 1.2m
below the top of the sub grade or the existing ground level whichever is lower, subject to being at lease
0.3m below the drain inverts. A typical sketch showing the clearances is given in Attachment-I.
14. The utility services shall cross the National Highway preferable on a line normal to it or as nearly so as
practicable.

15. The casing/conduit pipe for crossing the road may be installed under the road embankment either by
boring or digging a trench. Installation by boring method shall be preferred.

16. In case of trenching, the sides of the trench should be done as nearly vertical as possible. The trench
width should be at least 30 cm. but not more than 60cms wider than the outer diameter of the pipe.
Filling of the trench shall conform to the specifications contained here-in-below or as supplied by the
Highway Authority.

a. Bedding shall be to a depth not less than 30 cm. It shall consist of granular material, free of
lumps, clods and cobbles, and graded to yield a firm surface without sudden change in the
bearing value. Unsuitable soil and rock edges should be excavated and replaced by selected
material.
b. The backfill shall be completed in two stages (i) Side-fill to the level of the top of the pipe (ii)
Overfill to the bottom of the road crust.
c. The side fill shall consist of granular material laid in 15 cm. Layers each consolidated by
mechanical tamping and controlled addition of moisture to 95% of the Proctor's Density. Overfill
shall be compacted to the same density as the material that had been removed. Consolidation
by saturation or ponding will not be permitted.
d. The road crust shall be built to the same strength as the existing crust on either side of the
trench or to thickness and specifications stipulated by the Highway Authority.
17. The Licensee shall ensure making good the excavated trench for laying utility services by proper filling
and compaction, so as to restore the land in to the same condition as it was before digging the trench,
clearing debris/loose earth produced due to execution of trenching at least 50m away from the edge of
the right of way;
18. All required restoration work subsequent to laying of the cable shall be required to be undertaken by the
Licensee at its cost either by itself or through its authorized representative in consultation with the
Authority as per predetermined time schedule and quality standards.
19. Prior to commencement of any work on the ground, a performance Bank Guarantee @Rs. per route
metre / Rs per sq m with a validity of one year initially (extendable if required till satisfactory
completion of work) shall have to be furnished by the Licensee to the Authority/its designated agency as
a security against improper restoration of ground in terms of filling/unsatisfactory compaction damages
caused to other underground installations/utility services & interference, interruption, disruption or
failure caused thereof to any services etc. In case of the Licensee failing to discharge the obligation of
making good of the excavated trench/other restoration work, the Authority shall have a right to make
good the damages caused by excavation, at the cost of the Licensee and recover the amount by
forfeiture of the Bank Guarantee.
20. In case, the Performance Bank Guarantee is invoked as mentioned above, the Licensee shall be required
to replenish and reinstate the required Performance Bank Guarantee within one month of such
invoking. In case the work contemplated herein is not completed to the satisfaction of the Authority,
which has granted the permission, within a period of 11 months from the date of issue of the Bank
Guarantee, the Licensee shall either furnish a fresh guarantee or extend the guarantee for a further
period of one year. Notwithstanding this, the Licensee shall be liable to pay full compensation to the
aggrieved Authority/ its designated agency for any damage sustained by them by reason of the exercise
of the Row facility;
21. The Licensee shall shift the utility services within 90 days (or as specified by the respective Authority)
from the date of issue of the notice by the concerned Authority to shift/relocate the utility services, in
case it is so required for the purpose of improvement/widening of the road/route/highway or
construction of flyover/bridge and restore the road/land to its original condition at his own cost and
risk.
22. The Licensee shall be responsible to ascertain from the respective agency in co- ordination with
Authority, regarding the location of other utilities /underground installations/ facilities ete. The Licensee
shall ensure the safety and security of already existing underground installations/utilities/facilities etc.
before commencement of the excavation/using the existing cable ducts. The Licensee shall procure
insurance from a reputed insurance company against damages to already existing underground
installations/utilities/facilities etc.
23. The Licensee shall be solely responsible/ liable for full compensation/indemnification of concemed
agency/aggrieved Authority for any direct, indirect or consequential damage caused to them/claims or
replacements sought for, at the cost and risk of the Licensee. The concerned agency in co- ordination
with Authority shall also have a right make good such damages/ recover the claims by forfeiture of Bank
Guarantee.
24. If the Licensee fails to comply with any condition to the satisfaction of the Authority, the same shall be
executed by the Authority at the cost and risk of the Licensee.
25. Grant of License is subject to the Licensee satisfying (a) minimum disruption of traffic and (b) no damage
to the highways. As far as possible, the Licensee should avoid cutting of the road for crossing highway,
and other roads and try to carry out the work by trenchless technology. In case any damage is caused to
the road pavement in this process, the Licensee will be required to restore the road to the original
condition at its cost. If due to unavoidable reasons the road needs to be cut for crossing or laying utility
services, the Licensee has to execute the restoration work in a time bound manner at its cost either by
itself or through its authorized representative in consultation with the Authority as per predetermined
time schedule and quality standards. In case of the Licensee failing to discharge the obligation of making
good of the excavated trench/other restoration work, the Authority shall have a right to make good the
damages caused by excavation, at the cost of the Licensee and recover the amount by forfeiture of the
Bank Guarantee.
26. The Licensee shall inform/give a notice to the concerned agency designated by the Authority at least 15
day in advance with route details prior to digging trenches, for fresh or maintenance/repair works. A
separate performance Bank Guarantee for maintenance/repair works shall have to be furnished by the
Licensee.
27. Each day, the extent of digging the trenches should be strictly regulated so that utility services is laid and
trenches filled up before the close of the work that day. Filling should be completed to the satisfaction
of the concerned agency designated by the Authority.
28. The licensee shall indemnify the concerned agency in co-ordination with Authority, against all damages
and claims, if any due to the digging of trenches for laying cables/ducts.
29. The permission for laying utility services is granted maximum for 5 years at a time, which can thereafter
be considered for renewal. On payment of additional fee at the time of renewal, the permission shall
automatically be renewed, unless defaults exist. In case of renewal, rate prevailing at the time of
renewal shall be charged. Delay in deposition of fee shall attract interest @ 15% per annum
compounded annually.
30. The permission shall be valid only for the period it is issued and fee deposited. However, the Authority
also has a right to terminate the permission or to extend the period of Agreement.
31. That the Licensee shall not undertake any work of shifting, repairs or alterations to the utility services
without prior written permission of the concerned agency in co-ordination with the Authority.
32. The permission granted shall not in any way be deemed to convey to the Licensee any ownership right or
any interest in route/road/highway land /property, other than what is herein expressly granted. No use
of NH RoW will be permitted for any purpose other than that specified in the Agreement.

33. During the subsistence of this Agreement, the utility services located in highway land/property shall be
deemed to have been constructed and continued only by the consent and permission of the Authority
so that the right of the Licensee to the use thereof shall not become absolute and indefeasible by lapse
of time.
34. The Licensee shall bear the Stamp Duty charged on this Agreement.
35. Three copies of "as laid drawings of utilities (hard and soft copies) with geo- tagged photographs and
geo-tagged video recordings of laying of cables in the trench (with respect to the NH) and after
complete restoration shall be submitted to the Authority for verification and record within a month of
completion of works
36. The Licensee shall allow free access to the Site at all times to the authorised representatives of Authority
to inspect the Project Facilities and to investigate any matter within their Authority, and upon
reasonable notice, shall provide reasonable assistance necessary to carry out their respective duties and
functions.
37. The utility services shall not be made operational by the Licensee unless a completion certificate to the
effect that the utility services has been laid in accordance with the approved specifications and drawings
and the trenches have been filled up to the satisfaction of the concerned agency in co-ordination with
the Authority has been obtained. Notwithstanding anything contained herein, this Agreement may be
cancelled at any time by Authority for breach of any condition of the same and the Licensee shall
neither be entitled to any compensation for any loss caused to it by such cancellation not shall it be
absolved from any liability already incurred.
38 The Licensee shall ensure adherence to relevant Indian standards and follow best industry practices,
methods and standards for the purpose of ensuring the safe, efficient and economic design,
construction, commissioning, operation, repair and maintenance of any part of the utility
lines/industrial infrastructure facilities and which practices, methods and standards shall be adjusted as
necessary, to take account of:

a. operation, repair and maintenance guidelines given by the manufacturers,

b. the requirements of Law,
c. the physical conditions at the Site, and
d. The safety of operating personnel and human beings.
39. The Licensee shall have to provide safety measures like barricading, danger lighting and other necessary
caution boards while executing the work.
40. While laying utility services, at least one lane of road shall be kept open to traffic at all times. In case of
single lane roads, a diversion shall be constructed. If any traffic diversion works are found necessary
during the working period such diversion shall be provided at the cost of Licensee.
41. After the termination/expiry of the agreement, the Licensee shall remove the utility services within 90
days and the site shall be brought back to the original condition failing which the Licensee will lose the
right to remove the utility services However before taking up the work of removal of utility services the
Licensee shall furnish a Bank Guarantee to the Authority for a period of one year for an amount
assessed by the Authority as a security for making good the excavated trench by proper filling and
compaction, clearing debris, loose earth produced due to excavation of trenching at least 50m away
from the edge of the RoW.
42. Any disputes in interpretation of the terms and conditions of this Agreement or their implementation
shall be referred to the redress mechanism prevailing in the Ministry and the decision of the redress
mechanism shall be final and binding on all.
43. For PPP Projects, in case of any financial loss incurred by the respective project concessionaires due to
such laying 'shifting of utility services by the Licensee, compensation for the same shall be required to
be borne by the Licensee in mutual agreement with the respective project concessionaires MORT&H
NHAU implementing authorities for the project shall not be liable to the concessionaire in any way in
this regard.

This agreement has been made in duplicate, each on a Stamp Paper, Each party to this Agreement
has retained one stamped copy each

IN WITNESS WHEREOF THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO BE EXECUTED THROUGH
THEIR RESPECTIVE AUTHORISED REPRESENTATIVES THE DAY AND THE YEAR FIRST ABOVE WRITTEN.

SIGNED SEALED AND DELIVERED FOR AND ON BEHALF OF AUTHORITY.

BY SHRI ____________________________________
(Signature, name & address with stamp)

SIGNED ON BEHALF OF M/S _________________________ (LICENSEE)

BY SHRI _________________________________________
(Signature, name & address with stamp)

HOLDER OF GENERAL POWER OF ATTORNEY DATED __________________________

EXECUTED IN ACCORDANCE WITH THE RESOLUTION NO._______________________ DATED
PASSED BY HTE BOARD OF DIRECTORS IN THE DATED MEETING HELD ON

IN THE PRESENCE OF (WITNESSES):

1.

2.
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 APPENDIX-4
AGREEMENT REGARDING GRANTING OF RIGHT OF WAY PERMISSIONS FOR LAYING TELECOM
CABLES/DUCTS
Agreement to lay Telecom Cables/OFC/ducts from ______to _______Km of _____land.
This Agreement made this _________day of ________(month) of ___________(year)
between _________acting in his executive capacity through______ (hereinafter referred to as the
“Authority” which expression shall unless excluded by or repugnant to the context, include his successors in
office and assigns) on the one part, and M/s___________, a company registered under the Companies Act,
1956/2013 and having its Registered Office at ___________________(hereinafter called the “Licensee”)
which expression shall unless excluded by repugnant to the context, include his successors/administrator
assignees on the second part.
Whereas the Authority is responsible, inter-alia, for development and maintenance of lands
in______________.
Whereas the Licensee proposes to lay Telecom Cables/ducts in ___________________.
Whereas the Licensee has applied to the Authority for permission to lay Telecom Cables/ducts form
Km_____________ to Km________________ of road/route up to ___________ and from Km_____________
to Km__________ of road/route up to______________.
And whereas the Authority has agreed to grant such permission on the terms and conditions hereinafter
mentioned. Uttar Pradesh Expressways Industrial Development Authority Guidelines for Granting Approval
to Eligible Applicants for Ducting & Laying of Optical Fiber Cable
Page 44
Now this agreement witnessed that in consideration of the conditions hereinafter contained and on the part
of the Licensee to be observed and performed, the Authority hereby grants to the Licensee permission it lay
Telecom Cables/ducts as per the approved drawings attached hereto subject to the following conditions,
namely.
1) The cable shall always be laid at the edge of the RoW. In case of restricted width of RoW, which may be
adequate only to accommodate the carriageways, central verge, shoulders, slopes of embankment and
drains, the cables shall be laid beyond the toe line of the embankments and clear of the drain. In cases
where cable ducts with sufficient space are already available along Expressway, the cables shall be laid ion
such ducts subject to technical requirements being fulfilled, as per the aforementioned Guidelines.

2) The top of the casing/ conduit pipe containing the cables shall be at least 1.5 meters below the top surface
subject to at least 0.3 m below the drain inverts; A typical sketch showing the clearances is given in
Annxeure IV. Any structure above ground shall be aesthetically provided for/landscaped with required safety
measures as directed by the concerned Authority;

3) The extent of the digging trenches should be strictly regulated so that the cables are laid and trenches are
filled up before the close of the work for that day. Filling should be to the satisfaction of the concerned
agency designated by the department/statutory body. The Licensee shall ensure making good the excavated
trench for laying cables by proper filling and compaction, so as to restore the land in to the same condition
as it was before digging the trench, clearing debris/loose earth produced due to execution of trenching at
least 50m away from the edge of the right of way;

4) A Performance Bank Guarantee at the rate as per the Guidelines issued by UPEIDA with a validity of 6
months over and above the project completion period. In case of time-over runs for completion of the
works, the Bank Guarantee shall be renewed/ got extended by the Applicant corresponding to the revised
completion period + 6months. The Applicant shall obtain formal permission for time-extension from the
competent authority. The charges shall be liable to be reviewed every 5 years. For clarification, it is hereby
mentioned that all required restoration work subsequent to laying of the cable shall be required to be
undertaken by the Licensee at its cost either by itself or through tis authorized representative in consultation
with the Authority as per predetermined time schedule and quality standards. In case of the Licensee failing
to discharge the
Uttar Pradesh Expressways Industrial Development Authority Guidelines for Granting Approval to Eligible
Applicants for Ducting & Laying of Optical Fiber Cable
Page 45
obligation of making good of the excavated trench/other restoration work, the Authority shall have a right to
make good the damages caused by excavation, at the cost of the Licensee and recover the amount by
forfeiture of the Bank Guarantee. In case, the Performance Bank Guarantee is invoked as mentioned above,
the Licensee shall be required to replenish and reinstate the required Performance Bank Guarantee within
one month of such invoking.

In case the work contemplated herein is not completed to the satisfaction of the Authority, which has
granted the permission, within a period of 11 months from the date of issue of the Bank Guarantee, the
Licensee shall either furnish a fresh guarantee or extend the guarantee for a further period of one year.
Notwithstanding this, the Licensee shall be liable to pay full compensation to the aggrieved Authority/its
designated agency for any damage sustained by them by reasons of the exercise of the RoW facility;
5) The Licensee shall his own arrangement for crossing of cross drainage structure, rivers, etc. below the bed.
In case, this is not feasible, the cables/ducts may be carried outside the railings/parapets and supported on
brackets fixed to the outside of the bridge superstructure. The fixing and supporting arrangement with all
details shall be required to be approved in advance from the concerned Authority which has granted such
permission.

6) The Licensee shall shift the cables/ducts within 90 days (or as specified by the respective Authority) from
the date of issue of the notice by the concerned Authority to shift/relocate the cables/ducts, in case it is so
required for the purpose of improvement/widening of the road/route/highway/expressway or construction
of flyover/bridge and restore the road/land to its original condition at his own cost and risk.

7) The Licensee shall be responsible to ascertain from the respective agency in co-ordination with Authority,
regarding the location of other cables, cable duct, underground installations/utilities/facilities etc. The
Licensee shall ensure the safety and security of already existing cables/underground
installations/utilities/facilities etc. before commencement of the excavation/using the existing cable ducts.

8) The Licensee shall be solely responsible/liable for full compensation/indemnification of concerned

agency/aggrieved Authority for any direct, indirect or consequential damage caused to them/claims or
replacements sought for, at the cost and risk of the Licensee.
Uttar Pradesh Expressways Industrial Development Authority Guidelines for Granting Approval to Eligible
Applicants for Ducting & Laying of Optical Fiber Cable
Page 46
The concerned agency in co-ordination with Authority shall have also a right to make good such damages/
recover the claims by forfeiture of Bank Guarantee.

9) If the Licensee falls to comply with the condition (6) and (7) above to the satisfaction of the Authority, the
same shall be executed by the Authority at the cost and risk of the Licensee.

10) No Licensee shall claim exclusive right on the RoW and any subsequent user will be permitted to use the
RoW, either above or below, or by the side of the utilities laid by the first user, subject to technical
requirements being fulfilled. Whether the technical requirements are fulfilled or not, shall be decided by
Expressway Administration/Government in their sole discretion. In case of any disruption/damage caused to
any existing user by the subsequent user, the Authority would not be accountable or liable in any manner
whatsoever.

11) The Licensee shall procure insurance from a reputed insurance company against damages to already
existing cables/underground installations/utilities/facilities etc. during trenching.

12) Grant of license is subject to the Licensee satisfying (a) minimum disruption of traffic and (b) no damage
to the expressway. As far as possible, the Licensee should avoid cutting of the road for crossing expressway,
and other roads and try to carry out the work by trenchless technology. In case any damage is caused to the
road pavement in this process, the Licensee will be required to restore the original condition at its cost. If
due to unavoidable reasons the road needs to be cut for crossing or laying a cable, the Licensee has to
execute the corresponding restoration work in a time bound manner. For clarification, it is hereby
mentioned that all required restoration work subsequent to laying of the cable shall be required to be
undertaken by the Licensee at its cost either by itself or through its authorized representative in consultation
with the Authority as per predetermined time schedule and quality standards. In case of the Licensee failing
to discharge the obligation of making good of the excavated trench/other restoration work, the Authority
shall have a right to make good the damages caused by excavation, at the cost of the Licensee and recover
the amount by forfeiture of the Bank Guarantee.

13) The Licensee shall inform/give a notice to the concerned agency designated by the Authority at least 15
days in advance with route details prior to digging trenches, for fresh
Uttar Pradesh Expressways Industrial Development Authority Guidelines for Granting Approval to Eligible
Applicants for Ducting & Laying of Optical Fiber Cable
Page 47
or maintenance/repair works. A separate performance Bank Guarantee for maintenance/ repair works shall
have to be furnished by the Licensee.

14) Each day, the extent of digging the trenches should be strictly regulated so that cables are laid and
trenches filled up before the close of the work that day. Filling should be completed to the satisfaction of the
concerned agency designated by the Authority.

15) The Licensee shall indemnify the concerned agency in co-ordination with Authority, against all damages
and claims, if any, due to the digging of tranches for laying cables/ducts.

16) This permission shall be co-terminus with the validity of license awarded by the Department of
Telecommunication (DoT). The permission granted under this Agreement will automatically cease of
premature termination of the license granted to by the DoT. The Authority also has a right to terminate the
permission or ot extend the period of Agreement. In case the Licensee wants shifting, repairs or alteration to
Telecom Cables/ducts, he will have to furnish a separate Bank Guarantee.

17) That the Licensee shall not without prior permission in writing of the concerned agency in co-ordination
with Authority undertakes any work of shifting, repairs or alterations to the said Telecom Cables/ducts.

18) In order to avoid repeated digging on the same routes, in cases where cable ducts with sufficient space
are already available along the Expressway, laying of cables shall be encouraged in such ducts subject to
technical feasibility in terms of interference etc. In cases where such ducts are not available, the Licensee is
free to lay voluntarily extra ducts/conduits with extra capacity so as to take care of future needs. The
capacity/excess capacity can be commercialized by the Licensee with suitable mutual agreements with the
Authority or his designated agency. However, the creation of excess capacity by the Licensee is not a pre-
condition for RoW permission granted herein.

19) The permission granted shall not in any way be deemed to convey to the Licensee any ownership right or
any interest in route/road/highway/expressway land/property, other than what is herein expressly granted.
No use of Expressway RoW will be permitted for any purpose other than that specified in the Agreement.
Uttar Pradesh Expressways Industrial Development Authority Guidelines for Granting Approval to Eligible
Applicants for Ducting & Laying of Optical Fiber Cable
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20) During the subsistence of this Agreement, the Telecom Cables/Ducts located in expressway
land/property shall be deemed to have been constructed and continued only by the consent and permission
of the Authority so that the right of the Licensee to the use thereof shall not become absolute and
indefeasible by lapse of time.

21) The Licensee shall bear the Stamp Duty charged on this Agreement.

22) The Telecom Cables shall not be brought into use by the Licensee unless a completion certificate to the
effect that the Telecom Cables/ducts has been laid in accordance with the approved specifications and
drawings and the tranches have been filled up to the satisfaction of the concerned agency in co-ordination
with the Authority has been obtained. Three copies of ‘as laid drawings’ of utilities (hard and soft copies)
with geotagged photographs and geotagged video recordings of layings of cables in the trench (with respect
to the Expressway) and after complete restoration shall be submitted to the Authority for verification and
record within a month of completion of works.

23) Notwithstanding anything contained herein, this Agreement may be cancelled ay nt time by the
Authority for breach of any condition of the same and the Licensee shall neither be entitled to any
compensation for any loss caused to it by such cancellation nor shall it be absolved from any liability already
incurred.

24) The Licensee shall have to provide safety measures like barricading, danger lighting and other necessary
caution boards while executing the work.

25) If any traffic diversion works are found necessary during the working period, such diversion shall be
provided at the cost of Licensee.

26) After the termination/expiry of the agreement, the Licensee shall remove the cable/ducts within 90 days
and the site shall be brought back to the original condition failing which the Licensee will lose the right to
remove the cables/ducts. However, before taking up the work of removal of cables the Licensee shall furnish
a Bank Guarantee to the Authority for a period of one year for an amount assessed by the Authority as a
security for making good the excavated trench by proper filling and compaction, clearing debris, loose earth
produced due to excavation of trenching at least 50 m away from the edge of the RoW.
Uttar Pradesh Expressways Industrial Development Authority Guidelines for Granting Approval to Eligible
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27) The enforceability of the RoW permission granted herein shall be restricted to the extent of
provisions/scope of service contained/defined in the license agreement of the Licensee with DoT and for the
purpose for which it is granted. Either by content or by intent, the purpose of extending this RoW facility is
not to enhance the scope of License of the Licensee with the DoT.

28) Any disputes in interpretation of the terms and conditions of this Agreement or their implementation
shall be referred to the High Level Committee comprising the designated representatives of the Authority,
Licensee and the concerned agencies and the decision of the committee shall be final and binding on all.

29) For projects, in case of any financial loss incurred by the respective Pproject concessionaires and
contractors appointed by UPEIDA due to such laying/shifting of cables/cable ducts by the Licensee,
compensation for the same shall be required to be borne by the Licensee in mutual agreement with the
respective project concessionaires/Contractors. MoRT&H/UPEIDA/Implementing authorities for the project
shall not be liable to the concessionaire in any way in this regard.

This Agreement has been made in duplicate, each on a Stamp Paper. Each party to this Agreement has
retained one stamped copy each.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO BE EXECUTED THROUGH
THEIR RESPECTIVE AUTHORISED REPRESENTATIVES THE DAY AND THE YEAR FIRST ABOVE WRITTEN.
SIGNED SEALED AND DELIVERED FOR AND ON BEHALF OF AUTHORITY.
BY SHRI_____________________________________________
(Signature, name & address with stamp)
SIGNED ON BEHALF OF M/S____________________ (LICENSEE)
BY SHRI______________________________________ Uttar Pradesh Expressways Industrial Development
Authority Guidelines for Granting Approval to Eligible Applicants for Ducting & Laying of Optical Fiber Cable
Page 50
(Signature, name & address with stamp)
HOLDER OF GENERAL POWER OF ATTORNEY DATED
__________________EXECUTED IN ACCORDANCE WITH THE RESOLUTION
NO. __________________________DATED_______________PASSED BY THE BOARD OF
DIRECTORS IN THE MEETING HELD ON _______________.
IN THE PRESENCE OF (WITNESSES):
1.
2