Concessionaire’s Accountability Clause Samples
The "Concessionaire’s Accountability" clause establishes the responsibility of the concessionaire for fulfilling its obligations under the agreement. It typically outlines the areas where the concessionaire is liable, such as compliance with laws, maintenance of assets, or performance standards, and may specify the consequences of failing to meet these requirements. This clause ensures that the concessionaire is held answerable for its actions and performance, thereby protecting the interests of the grantor and providing a clear framework for addressing breaches or deficiencies.
Concessionaire’s Accountability. Clause 21.
1. Pursuant to regulation and in the manner defined by Anatel, the Concessionaire shall forward to Anatel, from time to time, information and detailed and statistical reports on the STFC mode subject to this Agreement, among which: I – indicators of expansion, comprehensiveness and occupation of the telephony network; II – technical data related to the contracting and usage of the service subject to this concession, broken down by type of service plan contracted, tariff structure item, type of communication and usage time; III – data related to the usage of the Concessionaire’s networks and resources, broken down by type of service providers involved, type of communication, type and comprehensiveness of the resource used, usage time and other applicable criteria; IV – technical data related to items of additional, supplementary and accessory revenues, pursuant to this Agreement; V – the statement of income detailing revenues and respective expenses related to the items mentioned in items I, II, III and IV of this clause; VI – the monthly standard balance sheet, the quarterly information (ITR), the financial statements for each fiscal year and other information and documents related to each fiscal year, duly audited;
Concessionaire’s Accountability. Clause 21.
1. Pursuant to applicable regulation and in the manner defined by Anatel, the Concessionaire shall forward to Anatel, from time to time, information and detailed and statistical reports on the STFC mode subject to this Agreement, among which: I – indicators of expansion, comprehensiveness and occupation of the telephony network; II – technical data related to the contracting and usage of the service subject to this concession, broken down by type of service plan contracted, tariff structure item, type of communication and usage time; III – data related to the usage of the Concessionaire’s networks and resources, broken down by type of service providers involved, type of communication, type and comprehensiveness of the resource used, usage time and other applicable criteria; IV – technical data related to items of additional, supplementary and accessory revenues, pursuant to this Agreement; V – the statement of income detailing revenues and respective expenses related to the items mentioned in items I, II, III and IV of this Clause; VI – the monthly standard balance sheet, the quarterly information (ITR), the financial statements for each fiscal year and other information and documents related to each fiscal year, duly audited; VIII – data which enables the characterization of the technological stage of the equipment used, as well as the operation level of the plant; and IX – data related to the quantity and qualification level of the human resources used, either the concessionaire’s or from third parties’.
Paragraph 1 The provision of data mentioned in this Clause shall not exempt or reduce the Concessionaire’s responsibility as to the adequacy, accuracy and lawfulness of its accounting records, and financial and commercial operations.
Paragraph 2 The noncompliance with the requests, recommendations and determinations contained in this Clause shall subject the Concessionaire to the application of the sanctions set forth in this Agreement.