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LOK SEVA KENDRA MANDLA

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13. DEFAULT AND TERMINATION<br />

13.1. OPERATOR­ EVENT OF DEFAULT<br />

For the purposes of this Agreement, each of the following event or circumstance, to the<br />

extent not caused by a default of the Secretary or are not Force Majeure Events, shall be<br />

considered as event of default of the Operator (the "Operator Event of Default") which, if<br />

not remedied within the Cure Period of 15 (fifteen) days upon receipt of written notice<br />

from the Secretary, shall provide the Secretary the right to terminate this Agreement in<br />

accordance with Clause 13.3<br />

a. Any breach, including but not limited to the events specified hereunder, by the<br />

Operator of its obligations under this Agreement, and such breach if capable<br />

of being remedied, is not remedied within 15 days of receipt of written<br />

notice from Secretary specifying such breach and requiring the Operator to<br />

remedy the same;<br />

b. Any representation or warranty of the Operator herein contained which is, as<br />

of the date hereof, found to be materially false, incorrect or misleading or the<br />

Operator is at any time hereafter found to be in breach thereof;<br />

c. Suspension by the Operator of the performance of the obligations under this<br />

Agreement for a period exceeding 5 days in a month excluding the prescribed<br />

holidays;<br />

d. Failure of the Operator to comply with the prescribed Standard Operating<br />

Procedures<br />

e. The Operator is ordered to wind up by the order of a court; filing of a petition<br />

for voluntary winding up by the Operator, or levy of an execution or restraint<br />

on the Operator’s assets, or appointment of a provisional liquidator,<br />

administrator, trustee or receiver of the whole or substantially whole of the<br />

undertaking of Operator by a court of competent jurisdiction;<br />

f. The Operator is adjudged bankrupt or insolvent, or if a trustee or receiver is<br />

appointed for the Operator or for the whole or material part of its assets that<br />

has a material bearing on the LokSeva Kendra;<br />

g. The Operator has been, or is in the process of being liquidated, dissolved,<br />

wound‐up, amalgamated or reconstituted in a manner that would cause, in the<br />

reasonable opinion of the Secretary, a Material Adverse Effect;<br />

h. The Operator using or permitting or causing the use of the LokSeva Kendra<br />

building for purposes other than the objective mentioned above<br />

Model RFP Document for the use of District e‐Gov Society Prepared by DPSM GOMP<br />

43

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