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LOK SEVA KENDRA MAWAI - Mandla

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i. The Operator doing or permitting to do any act, matter, deed or thing in<br />

violation of Applicable Law and/or Applicable Permits;<br />

j. The Operator setting up an interest in the site of LSK or any portion thereof ;<br />

k. Failure to start LSK within 30 days of initializing date ;<br />

l. Commits a breach of its any obligations as contained in this Agreement<br />

m. Failure to make arrangements as laid down in this Agreement<br />

n. Negligence on the part of the Operator which leads to action under clause 6.4.<br />

o. Inability to receive applications due to lack of electric supply or manpower.<br />

p. Non replenishment of performance security as mentioned in clause 9 of this<br />

agreement.<br />

13.2. SECRETARY – EVENT OF DEFAULT<br />

For the purposes of this Agreement, each of the following event or circumstance, to<br />

the extent not caused by a default of the Operator or are not Force Majeure Events,<br />

shall be considered, as events of default of Secretary ("Secretary–Event of Default"),<br />

which shall provide the Operator the right to terminate this Agreement in<br />

accordance with Clause13.3:<br />

a. Failure to provide to the Operator the rights to the building within 30 (thirty)<br />

days of signing of this Agreement;<br />

b. Secretary commits a material default in complying with any of the provisions<br />

of this Agreement and such default has a Material Adverse Effect on the<br />

performance of the obligations of the Operator.<br />

c. Failure to provide software and access to it necessary for making the LSK<br />

functional.<br />

d. Failure to make payment of the due process fee as per condition 6.4 of this<br />

agreement to the Operator by 7th of the succeeding month.<br />

13.3. NOTICE OF TERMINATION<br />

a. Without prejudice to any other right or remedies which the non‐defaulting<br />

Party may have under this Agreement, upon the occurrence of either an<br />

Operator Event of Default or a Secretary Event of Default, the defaulting Party<br />

shall be liable for the breach caused and consequences thereof and the nondefaulting<br />

Party shall have the right to issue a notice expressing its intention<br />

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

44

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