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TERMINATION FOR TRANSFER OF THE LICENCE
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| bet | 25/33 | | Sana | 23.03.2021 | | Hajmi | 152,5 Kb. | | #13402 |
10.4 TERMINATION FOR TRANSFER OF THE LICENCE:
The LICENSEE shall not, in any manner whatsoever, transfer the licensing rights granted to it, to any other party without written consent of Licensor. Any violation shall be construed as a breach of licence and the licence shall be terminated in accordance with the provisions as contained in condition 10.1 hereinabove.
10.5 ACTIONS PURSURANT TO TERMINATION OF LICENCE AS PER CLAUSES 10.1, 10.2, 10.3 AND 10.4 ABOVE.
10.5.1 In the event of termination of the licence, the LICENSOR may procure upon such terms and conditions and in such manner as deemed appropriate/fit, the required resources will make up for those not installed, not delivered or not brought into commission so as to enable provision of SERVICE and the LICENSEE shall be liable to the LICENSOR for any excess/extra costs for such corrective efforts. The criteria for determining the terms and conditions for such procurement will depend upon the market prices, prevailing at the time of procurement. The decision of the LICENSOR in this matter shall be final in all respects.
10.5.2 Whenever the licence is terminated or not extended, the LICENSOR may, in order to ensure the continuity of the SERVICE, take such steps, as are necessary, including the following:-
(i) permit the Department of Telecommunications/MTNL or its successor to take over; or
(ii) issue licence to another Indian Company for running the SERVICE. The LICENSEE shall facilitate taking over by DOT/MTNL or the new LICENSEE all those assets as are essential for the continuity of the SERVICE.
10.5.3 During the period when a notice for termination of licence is pending, the Quality of Service to the Subscribers shall be maintained. If the SERVICE quality is not maintained, (during the notice period), it will be treated as breach of licence conditions and will be dealt with as such including recovery of damages.
10.5.4 The Performance Bank Guarantee, if due, shall be returned to the licensee company 6 months after the termination of the licence and after ensuring clearance of any dues which the licensee company is liable to pay.
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