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LOK SEVA KENDRA MAWAI - Mandla

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conditions of this Agreement, he may after providing an opportunity of hearing the<br />

Operator refuse to pay such difference or a part thereof.<br />

7. OBLIGATIONS OF THE OPERATOR<br />

As provided in the Terms of Reference (TOR).<br />

8. OBLIGATIONS OF SECRETARY<br />

As provided in the Terms of Reference (TOR).<br />

9. PERFORMANCE SECURITY<br />

9.1. The amount of Rs. 1.00(one) Lakh received with the Technical Bid of the Selected<br />

Bidder shall be converted into performance security for the due and faithful<br />

performance of its obligations during the Agreement Period.<br />

9.2. The Performance Security shall be released by the Secretary to the Operator after<br />

upon satisfactory completion of the Agreement. In the event the Operator is in<br />

breach of the terms of the Agreement during the Agreement period, the Secretary<br />

shall, without prejudice to its other rights and remedies hereunder or in law<br />

appropriate such amounts as may have been determined, from the Performance<br />

Security as damages for such Operator's default. Upon such appropriation from the<br />

Performance Security, the Operator shall, within 15 days thereof, replenish, in case<br />

of partial appropriation, to its original level, and in case of appropriation of the<br />

entire Performance Security provide fresh Performance Security, as the case may be,<br />

failing which the Secretary shall be entitled to terminate this Agreement in<br />

accordance with Clause 13.<br />

10. INDEMNITY<br />

The Operator hereby undertakes to indemnify and hold the Secretary harmless<br />

against all costs, damages, liabilities, expenses arising out of any third party claims<br />

relating to torts or contracts relatable to the operation and maintenance of the<br />

LokSeva Kendra.<br />

11. RENEWAL OF RIGHT TO OPERATE UPON EXPIRY<br />

At least six months prior to the expiry of this Agreement, the Operator shall inform<br />

in writing to the Secretary if he is willing to continue with the Right to operate<br />

granted herein and shall make application for the grant of renewal of Right to<br />

operate the LokSeva Kendra, for a further period of 3 (three) years . Provided that<br />

Operator can exercise such right only if it has complied with all the terms and<br />

conditions of the Agreement and he is not in breach of any of the terms of the<br />

Agreement which has been notified by the Secretary. In case the Operator is in<br />

Model RFP Document for the use of District e‐Gov Society Prepared by DPSM GOMP<br />

41

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