Clause 4. 2. The Concessionaire shall agree to provide the service subject to this concession in such a way to fully comply with the universalization and continuity obligations inherent in the public system, which is fully applicable to the Concessionaire, by following the criteria, formulas and parameters defined in this Agreement.
Clause 4. In the course of all the term of effectiveness of the grant, the Concessionaire undertakes to keep the commitments of quality, coverage and offer of the service included in the present Contract, irrespective of the competitive environment existing in the geographic area of exploration of the service.
Clause 4. The Concessionaire undertakes to render the service object of the grant so as to fully comply with the burdens of universalization and continuity inherent with the public regimen, which is fully applicable to it, in compliance with the criteria, formulas and parameters defined in the present Contract.
Clause 4. The Concessionaire will explore the service object of the grant at its own account and risk, within the regimen of full and fair competition as established by Law No. 9,472 of 1997 and in the General Plan of Grants, being remunerated for the tariffs charged and for eventual complementary or accessory income that it makes as per terms of the present Contract.
Clause 4. The Concessionaire shall exploit the service subject to the concession at its own account and risk, under the broad and fair competition system set forth in Law No. 9,472 of 1997 and the General Licensing Plan, and the Concessionaire shall be compensated for the tariffs charged and any possible supplementary or accessory revenues it receives pursuant to this Agreement.
Clause 4. 1.1 of the Agreement is hereby amended and restated in its entirety as follows:
Clause 4. Add the following:
Clause 4. The Employer and the Contractor shall enter into an agreement to complete the work required for the construction of the works in terms of the provisions of Section 37(2) of the Occupational Health and Safety Act (Act 85 of 1993) and the Construction Regulations promulgated thereunder. An agreement is included in the Contract Document (C1.4 of Contract Data) and shall be completed and submitted to the Employer together with a letter of good standing from the Compensation Commissioner (if not insured with a Licenced Compensation Insurer) within fourteen (14) days after the Commencement Date. The Contractor shall ensure that any letter of good standing shall be timeously renewed in order that it remains in full force for the duration of the Contract.
Clause 4. 1 is a complete statement of the express warranties provided by Nuix to you in relation to the Software Product. To the extent permitted by law, Nuix excludes all implied warranties including implied warranties of merchantability, of fitness for a particular purpose, or of suitability to your requirements. Where warranties are implied into this agreement and may not be excluded by law, then, to the extent permitted by law, your only remedy, and Nuix total liability of such an implied warranty is limited, at Nuix's option, to: (i) repair or replacement of the Software Product; (ii) refund of the price of the Software Product, or (iii) payment of the cost of repair or replacement of the Software Product.
Clause 4. 4.1 does not preclude the transfer or assignment of administrators in accordance with Clause 4.2.
