11.07.2015 Views

Lok Sewa RFP - RaceCourse Road - Gwalior

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i. The Operator doing or permitting to do any act, matter, deed or thing inviolation of Applicable Law and/or Applicable Permits;j. The Operator setting up an interest in the site of LSK or any portion thereof ;k. Failure to start LSK within 30 days of initializing date ;l. Commits a breach of its any obligations as contained in this Agreementm. Failure to make arrangements as laid down in this Agreementn. Negligence on the part of the Operator which leads to action under clause 6.4.o. Inability to receive applications due to lack of electric supply or manpower.p. Non replenishment of performance security as mentioned in clause 9 of thisagreement.13.2. SECRETARY – EVENT OF DEFAULTFor the purposes of this Agreement, each of the following event or circumstance, tothe extent not caused by a default of the Operator or are not Force Majeure Events,shall be considered, as events of default of Secretary ("Secretary–Event of Default"),which shall provide the Operator the right to terminate this Agreement inaccordance with Clause13.3:a. Failure to provide to the Operator the rights to the building within 30 (thirty)days of signing of this Agreement;b. Secretary commits a material default in complying with any of the provisionsof this Agreement and such default has a Material Adverse Effect on theperformance of the obligations of the Operator.c. Failure to provide software and access to it necessary for making the LSKfunctional.d. Failure to make payment of the due process fee as per condition 6.4 of thisagreement to the Operator by 7th of the succeeding month.13.3. NOTICE OF TERMINATIONa. Without prejudice to any other right or remedies which the non-defaultingParty may have under this Agreement, upon the occurrence of either anOperator Event of Default or a Secretary Event of Default, the defaulting Partyshall be liable for the breach caused and consequences thereof and the nondefaultingParty shall have the right to issue a notice expressing its intentionModel <strong>RFP</strong> Document for the use of District e-Gov Society Prepared by DPSM GOMP44

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