Clause 27. 02 above shall not exclude an Employee from sick leave benefits for periods of absence resulting from an accident which is not compensable under the Workers' Compensation Act.
Clause 27. 3. As per terms of article 113 of Law No. 9,472 of 1997, takeover is considered to be the retaking of the service by Anatel during the concession period, in face of an extraordinary reason in the public interest, against specific authorizing law and preceded by the payment of indemnity.
Clause 27. The present Contract may have its caducity declared by act of the Director Council of Anatel, preceded of an administrative law suit that assures full right of defense to the Concessionaire, in the hypotheses of: I – transfer of partnership control, merger, separation, transformation of the Concessionaire or even incorporation or reduction in its capital stock without the previous approval of Anatel; II – irregular transfer of the Contract; III – non fulfillment of the transfer commitment referred to in clause 19.1 and in article 87 of Law No. 9,472 of 1997; IV – bankruptcy or dissolution of the Concessionaire; V – non fulfillment of the requirements of the coverages by insurance plans as an affront to the obligations foreseen in clause 24.1 and such omission cannot, at Anatel’s criterion, be supplied with the intervention; VI – when, in the terms of article 114, item IV, of Law No. 9,472 of 1997, there occurs any of the hypotheses foreseen in clause 28.1 and, at Anatel’s criterion, the intervention is considered to be inconvenient, hindering or even unfairly beneficial to the Concessionaire, and VII – non fulfillment of the universalization goals contained in the PGMU approved by Decree No. 2592 of May 15, 1998. Paragraph 1st. The intervention will be considered uncalled for when the demand for the service object of the concession can be met, against permission, by other providers in a regular and immediate way.
Clause 27. Redundancy
Clause 27. The Concessionaire shall be entitled to contractual termination, either amicable or judicial, when, due to action or omission by the Government, the enforcement of the agreement becomes excessively onerous, pursuant to article 115 of Law No. 9,472 of 1997.
Clause 27. 11.2 shall not apply to the extent that the indemnity payment in respect of which the Lender claims reimbursement relates to a liability of the Facility Agent to an Obligor.
Clause 27. 1 will not apply if and to the extent that it is or would be unenforceable by reason of breach of (i) any provision of Council Regulation (EC) No 2271/96 of 22 November 1996 (or any law or regulation implementing such Regulation in any member state of the EEA or the United Kingdom) or (ii) any similar blocking or anti-boycott law.
Clause 27. 2 shall not apply to:
27.3.1 any disclosure of information that is reasonably required by any persons engaged in the performance of their obligations under this Agreement;
27.3.2 any disclosure required by operation of law, including the Data Protection Act and Freedom of Information Act and Section 23E of the Police Xxx 0000.
27.3.3 any matter which a Party can demonstrate is already generally available and in the public domain otherwise than as a result of a breach of this clause;
27.3.4 any disclosure to enable a determination to be made under clause 19(Dispute Resolution);
27.3.5 any disclosure required by law, any Parliamentary obligation or the rules of the Stock Exchange or Governmental or Regulatory Police Body having the force of law;
27.3.6 any disclosure of information which is already lawfully in the possession of the receiving Party prior to its disclosure by the disclosing Party;
27.3.7 any disclosure by a Party to a department, office or agency of the Government;
27.3.8 any disclosure for the purposes of the examination and certification of any Party’s accounts.
Clause 27. 6.1 will not come into effect:
(a) if the payment of wages or other monies owed falls on a public holiday, until the expiration of such public holiday; or
(b) if any unforeseen event outside the control of the employer frustrates their ability to meet the requirements of this clause.
Clause 27. 7.1 shall not apply to any winding-up petition (or analogous procedure or step) which is frivolous or vexatious and is discharged, stayed or dismissed within 14 days of commencement or, if earlier, the date on which it is advertised.
