Lok Sewa RFP - RaceCourse Road - Gwalior

each of any of the terms and conditions of the Agreement resulting in an event ofdefault, the renewal of Right to operate shall be subject to the Operator rectifyingthe breach within a cure period of 30 days and failure to rectify such breach shall notentitle the Operator for renewal of Right to operate.For the avoidance of doubt it is clarified that if the Operator does not make anyapplication to the Secretary within the time provided in this clause, it may bedeemed that he is not willing for renewal of Right to operate and no applicationcontrary to the same may be entertained thereafter. The Society with prior approvalof the DPSM may at the time of renewal enhance the process fee by such amount asit may consider necessary. The decision of DPSM in this regard shall be binding.12. FORCE MAJEURE12.1. The Operator or Secretary, as the case may be, shall be entitled to initiallysuspend the performance of its respective obligations under this Agreement tothe extent that the Operator or Secretary as the case may be, is unable to rendersuch performance by an event of Force Majeure (a "Force Majeure Event")12.2. In this Agreement, no event or circumstance and/or no combination ofcircumstances shall be treated as a "Force Majeure Event" unless it satisfies all thefollowing conditions:MITIGATIONa. Materially and adversely affects the performance of an obligation;b. Is beyond the reasonable control of the affected Party;c. Affected party could not have prevented or reasonable overcome with theexercise of good industry practice or reasonable skill and care;d. Do not result from the negligence or misconduct of Affected Party or thefailure of Affected Party to perform its obligations hereunder;e. Which, by it or consequently disables either party to perform its respectiveobligations under this Agreement.The Party claiming to be affected by a Force Majeure Eventshall take all reasonable steps to prevent, reduce to a minimum and mitigate theeffect of such Force Majeure Event. The affected Party shall also make efforts to resumeperformance of its obligations under this Agreement as soon as possible and uponresumption, shall forthwith notify the other Party of the same in writing.Model RFP Document for the use of District e-Gov Society Prepared by DPSM GOMP42