Establishing Diagnostic Services in Block Primary Health Centres ...

ARTICLE 9MISCELLANEOUS9.1 ValidityThis Agreement shall be initially valid for a period of 5 years from the date of signing,subject to renewal on such terms and conditions and for such a period as may bemutually decided by both the parties, within the overall policy framework of GoWB.9.2 Handback of Project Site/Diagnostic Centre/EquipmentUpon the expiry of the validity of this Agreement by efflux of time and in the normalcourse, the Concessionaire shall hand back vacant and peaceful possession of ProjectSite/Diagnostic Centre to DHFWS free of cost and in the condition not worse than whenit took occupation thereof, subject to normal wear and tear. The Concessionaire shallalso return all the equipment taken from the government in working condition subject tonormal wear and tear.9.3 Assignment and Charges(a) The Concessionaire shall under no circumstances whatsoever create Encumbranceover the Project Site. Subject to sub-sections (b) and (c) hereinbelow, theConcessionaire shall not assign this Agreement or the rights, benefits andobligations hereunder save and except with prior written consent of DHFWS.(b) Except as provided in this provision, the Concessionaire shall not create nor permitto subsist any Encumbrance over or otherwise transfer or dispose of all or any of itsrights and benefits under this Agreement except with prior consent in writing ofDHFWS, which consent DHFWS shall be entitled to decline without assigning anyreason whatsoever. Restraint set forth hereinabove shall not apply to:(i) liens/encumbrances arising by operation of law (or by an agreementevidencing the same) over the equipments and facilities installed by theConcessionaire, in the ordinary course of business of the Concessionaire;(ii) pledges/hypothecation of goods/assets other than Project Site and theimmoveable premises comprised in the Diagnostic Centre, as security forindebtedness, in favour of the lenders and working capital providers for theProject;(iii) assignment of Concessionaire’s rights and benefits under this Agreement toor in favour of the lenders and working capital providers for the Project, assecurity for financial assistance provided by them.(c) DHFWS shall be free to assign all or a part of its rights, benefits or novate itsobligations under this Agreement at any time.Dignostics Schemes-Feb 2010 (1 in all).doc 38 / 51