Establishing Diagnostic Services in Block Primary Health Centres ...

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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
9.4 IndemnityThe Concessionaire shall indemnify, defend and hold DHFWS harmless against anyand all proceedings, actions and third party claims arising out of a breach byConcessionaire of any of its obligations under this Agreement.9.5 Governing Law and JurisdictionThis Agreement shall be governed by the laws of India. The Courts at West Bengal,India shall have jurisdiction over all matters arising out of or relating to this Agreement.9.6 Redressal of Public GrievancesThe Concessionaire shall promptly redress the grievances, if any reported by the patients,Competent Authority etc. on account of deficiencies in services provided at the DiagnosticCentre.9.7 Supercession & Order of PriorityThis Agreement constitutes the entire understanding between the parties hereof withand supercedes any previous expressions of intent, correspondence or understandingsin respect of the Project.Without prejudicing the aforesaid, the Parties hereby agree that in case of anyinconsistency between the provisions of this Agreement and the Scheme, the provisionsof the Scheme shall prevail.9.8 AmendmentsThis Agreement and the Schedules together constitute a complete and exclusiveunderstanding of the terms of the Agreement between the Parties on the subject hereofand no amendment or modification hereto shall be valid and effective unless agreed toby all the Parties hereto and evidenced in writing.9.9 NoticesUnless otherwise stated, notices to be given under this Agreement including but notlimited to a notice of waiver of any term, breach of any term of this Agreement andtermination of this Agreement, shall be in writing and shall be given by hand delivery,recognised international courier, mail, or facsimile transmission and delivered ortransmitted to the Parties at their respective addresses set forth below:Dignostics Schemes-Feb 2010 (1 in all).doc 39 / 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 24 and 25: (i) any reference at any time to an
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 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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