TNAG-1515-FCO40-2076-Bridges-and-tunnels-in-Hong-Kong-1986 — Page 57

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(D) NHKTC have entered into a Contract ("the Contract") with Kumagai Gumi for the design and construction of the Works as therein defined ("the Works"). within the definition of the Railway Works in the Contract is the railway works as defined in the Ordinance.

(E)

will

NHKTC and EHCC have mutually agreed that NHKTC procure the design and construction of the Railway Works subject inter alia to and upon the terms and conditions

contained in this Deed.

(F) EHCC, NHKTC and The Mass Transit Railway Corporation ("MTRC") have agreed to enter into an agreement ("the Rail Operating Agreement") which provides inter alia for the obligations owed by EHCC to MTRC during and after the Defects Liability Period as defined in the Rail Operating

Agreement which is the same as the Period of Maintenance

as defined in the Contract.

Terms:

1.

PART

1

NHKTC warrants to and undertakes with EHCC that:-

(a)

(b)

it is the grantee of the Rail Franchise under the

Ordinance,

it has not created or attempted to create any mortgage, charge, lien or any other third party right or interest in the Rail Franchise,

(c) the Rail Franchise is currently in full force and effect and NHKTC is unaware of any circumstances

currently existing

existing which may cause or permit the Government of Hong Kong to revoke the Rail Franchise,

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