Establishing Diagnostic Services in Block Primary Health Centres ...

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(i) any reference at any time to any agreement, deed, instrument, license or documentof any description shall be construed as reference to that agreement, deed,instrument, license or other document as amended, varied, supplemented, modifiedor suspended at the time of such reference;(j) any agreement, consent, approval, authorization, notice, communication, informationor report required under or pursuant to this Agreement from or by any Party or theMonitoring Agency shall be valid and effectual only if it is in writing under the handsof duly authorised representative of such Party or the Monitoring Agency, as thecase may be, in this behalf and not otherwise;(k) unless otherwise stated, any reference to any period commencing "from" a specifiedday or date and "till" or "until" a specified day or date shall include both such days ordates.Dignostics Schemes-Feb 2010 (1 in all).doc 24 / 51
ARTICLE 2CONCESSION2.1 Grant of ConcessionSubject to and in accordance with the terms and conditions set forth in this Agreement,the DHFWS hereby grants and authorises the Concessionaire to operate and maintainthe Project, and to exercise and/or enjoy the rights, powers, benefits, privileges,authorisations and entitlements as set forth in this Agreement (“the Concession”).2.2 Concession PeriodThe Concession hereby granted is for a period of 5 years commencing from the datehereof and ending with ___________ (“the Concession Period”) during which theConcessionaire is authorised to implement the Project in accordance with the provisionshereof.Provided that the District Health & FW Samity, ______________________ District shallbe entitled to review the performance of the Concessionaire at the end of two yearsfrom the date hereof.Provided that in the event of Termination, the Concession Period shall mean and belimited to the period commencing from the date hereof and ending with the TerminationDate.2.3 Acceptance of ConcessionThe Concessionaire hereby accepts the Concession and agrees and undertakes toimplement the Project and to perform/discharge all of its obligations in accordance withthe provisions hereof.2.4 Project Site & Utilities(a) DHFWS has on the date hereof handed over to the Concessionaire physicalpossession of the Project Site free from Encumbrance. DHFWS herebyrepresents that the Project Site is ready-to-use and adequate for the DiagnosticCentre, as per the norms of the Clinical Establishment Rules.(b) The Concessionaire shall have the right to the use of the Project Site inaccordance with the provisions of this Agreement.(c) The Concessionaire shall not part with or create any Encumbrance on the wholeor any part of the Project Site.(d) The Concessionaire shall not, except with the prior permission in writing ofDHFWS carry out any structural or major modifications in the Project Site butshall be entitled to make such minor modifications as may be necessary in itsopinion for the Diagnostic Centre. Provided, any such modifications should be inaccordance with the Clinical Establishment Rules.(e) The Concessionaire shall not without the prior written consent or approval ofDHFWS use the Project Site for any purpose other than for the purpose of theDignostics Schemes-Feb 2010 (1 in all).doc 25 / 51
Page 1: SCHEMEEstablishing Diagnostic Servi
Page 6 and 7: g. Furniture, refrigerator and equi
Page 8 and 9: cACMOH will monitor operations of t
Page 10 and 11: VII3. CSF Cell type & Cell Count, G
Page 12 and 13: of the RH/ BMOH should be provided
Page 14 and 15: 13. Selection of Private Partner fo
Page 16 and 17: SCHEDULE - IThe Grounds of Terminat
Page 18 and 19: Requirement of spaceSCHEDULE - IIIP
Page 20 and 21: Agreement to be executed by Distric
Page 22 and 23: effect of security or other such ob
Page 26 and 27: (f)Diagnostic Centre and the Standa
Page 28 and 29: (g)(h)(i)(j)(k)(l)(m)(n)(o)(p)(q)(r
Page 30 and 31: ARTICLE 4DHFWS’S OBLIGATIONSIn ad
Page 32 and 33: ARTICLE 6REPRESENTATIONS AND WARRAN
Page 34 and 35: ARTICLE 7TERMINATION7.1 Causes of T
Page 36 and 37: whatsoever. The Concessionaire shal
Page 38 and 39: ARTICLE 9MISCELLANEOUS9.1 ValidityT
Page 40 and 41: If to DHFWS__________ (name and des
Page 42 and 43: VIClinical Pathology34. Stool / Uri
Page 44 and 45: Received the possession of the abov
Page 46 and 47: Sl. Name of the Tests/Investigation
Page 48 and 49: Rates /Prices for Diagnostic Servic
Page 50 and 51: Schedule -VIISELECTION CRITERIA FOR

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