Common use of General Obligations of the Franchisee Clause in Contracts

General Obligations of the Franchisee. The franchisee shall be responsible for provision of Services and other responsibilities as described in Annexure II. The Franchisee shall maintain a suitable organization for the provision of Services in the allocated territory from his outlet(s). The Franchisee shall use its best efforts to actively provide effective services to the subscribers of BSNL and always act in the interest of both BSNL and its subscribers. BSNL may from time to time require the Franchisee to carry out customer satisfaction surveys for all its channel working under him as decided by BSNL, the cost thereof, if any, will be borne by the Franchisee. The Franchisee /Franchisee(s) shall not during the continuance of this Agreement or for a period of _____ after its termination (whether alone or directly or indirectly) be interested or concerned in any business or activity which is in competition with the business or activities of BSNL. The Franchisee acknowledges that the adherence to this provision is a material obligation of this Agreement. The franchisee shall undertake operations in additional territory/ territories according to provision of this CM-S&D Policy-2018 as approved by BSNL on look-after basis for specific period of time with his consent. Wherever RDs are available, provision of Services should be only through retailers of RDs. The Franchisee shall devise an efficient administrative process for the mandatory delivery of filled up Customer Application Forms (CAF) for all its channel working under him (including RDs and its retailers) to the BSNL The Franchisee shall treat as confidential and secret all verbal and written communication, lists and circulars which in the opinion of BSNL are regarded as confidential information and/or trade secrets. The Franchisee shall adopt and implement security procedures acceptable to BSNL for determining the persons to whom such information is authorized to be disclosed based upon such person’s need to know the same for the purpose of fulfilling his responsibilities in relation to the Agreement. Confidential and trade secret information shall remain the property of BSNL and shall be returned to BSNL upon termination of this Agreement in the manner prescribed by BSNL. The Franchisee hereby undertakes and agrees not to retain and make any copies of the entrusted confidential information. The Franchisee shall, if so desired by BSNL, make alterations, modifications and install such furniture, fixture and air-conditioning equipment, introduce customer care hardware including computer with UPS, Modem etc. as required and mutually agreed upon, the cost of such alterations, renovation shall be borne exclusively by the Franchisee. Unless otherwise agreed in writing, the Franchisee is solely responsible for all costs and expenses for maintaining its office and all related operating expenses incurred. BSNL reserves the right to suspend the operation of this agreement, at any time, due to change in its own license conditions or upon directions from the competent government authorities. In such a situation, BSNL shall not be responsible for any damage or loss caused or arisen out of aforesaid action. Further, the suspension of the agreement will not be a cause or ground for extension of the period of the agreement and suspension period will be taken as period spent. During this period, no charges for use of the facility of the franchisee shall be payable by BSNL.

General Obligations of the Franchisee. The franchisee shall be responsible for provision sale of Services BSNL products purchased by them and other responsibilities as described in Annexure II. II The Franchisee shall maintain a suitable organization for the provision sales & distribution of Services BSNL products in the allocated territory from his outlet(s). The Franchisee shall use its best efforts to actively provide effective services to the subscribers of BSNL and always act in the interest of both the BSNL and its subscribers. BSNL may from time to time require the Franchisee to carry out customer satisfaction surveys for all its channel working under him as decided by the BSNL, the cost thereof, if any, will be borne by the Franchisee. The Franchisee /Franchisee(s) shall not during the continuance of this Agreement or for a period of _____ after its termination (whether alone or directly or indirectly) be interested or concerned in any business or activity which is in competition with the business or activities of the BSNL. The Franchisee acknowledges that the adherence to this provision is a material obligation of this Agreement. The franchisee shall undertake operations in additional territory/ territories according to provision of this CM-S&D Policy-2018 as approved by BSNL on look-after basis for specific period of time with his consent. Franchisees shall use RDs selected by BSNL - Retailer network for sales and distribution of BSNL products through RD’s in a rural area. Obligation/ responsibilities/general terms and conditions of the tri-party agreement between BSNL, Franchisee and Rural distributor are described in Annexure-VI. Franchisees shall serve the RDs of his territories and if fails to serve, the RDs will be served by BSNL. The retailer working under RDs will be served by RDs Wherever RDs are available, provision sales and distribution of Services BSNL products, should be only through retailers of RDs. Franchisees shall not create his retail network wherever RDs are selected. The Franchisee shall devise an efficient administrative process for the mandatory delivery of filled up Customer Application Forms (CAF) for all its channel working under him (including RDs and its retailers) to the BSNL The Franchisee shall treat as confidential and secret all verbal and written communication, lists and circulars which in the opinion of the BSNL are regarded as confidential information and/or trade secrets. The Franchisee shall adopt and implement security procedures acceptable to the BSNL for determining the persons to whom such information is authorized to be disclosed based upon such person’s need to know the same for the purpose of fulfilling his responsibilities in relation to the Agreement. Confidential and trade secret information shall remain the property of the BSNL and shall be returned to the BSNL upon termination of this Agreement in the manner prescribed by the BSNL. The Franchisee hereby undertakes and agrees not to retain and make any copies of the entrusted confidential information. The Franchisee shall, if so desired by the BSNL, make alterations, modifications and install such furniture, fixture and air-conditioning equipment, introduce customer care hardware including computer with UPS, Modem etc. as required and mutually agreed upon, the cost of such alterations, renovation shall be borne exclusively by the Franchisee. Unless otherwise agreed in writing, the Franchisee is solely responsible for all costs and expenses for maintaining its office and all related operating expenses incurred. BSNL Products will be sold at the premises by the Franchisee and it is clarified: That the Franchisee shall not have any authority to store, sell or transfer or in any way dispose of the merchandise except with explicit written permission from concerned SSA/Circle. The stock shall be purchased by the Franchisee from BSNL in accordance with the conditions prescribed by BSNL S&D Policy 2018 The Franchisee shall maintain adequate stock at all times. The Franchisee shall be responsible for the BSNL products sold by him and liable for the same, BSNL shall not be responsible in any case. That BSNL shall not be liable for any loss, pilferage or damage to the goods stored and sold at the premises and the merchandise shall be the entire responsibility of the Franchisee. That it shall be the responsibility of the Franchisee to effect the sales through proper invoices detailing the material particulars of the BSNL phones including the IMEI number. The Franchisee shall keep BSNL indemnified against claims regarding unauthorized handsets sold or alleged to have been sold from the Franchisee's outlet(s), being raised against the BSNL by any third party. That BSNL shall not be liable for any loss or damage of CTOP-UP activation SIM provided by BSNL. That BSNL shall not be liable for any loss or damage of Third Party Recharge (TPR). BSNL shall not be liable for any act or omission of the point of sale of the Franchisee. Provide all necessary information to BSNL including but not limited to its books of accounts, or any other information for the purpose of submitting the same in any proceedings before any Government Authority or against any third parties. The franchisees will be responsible for intimating their state-wise GSTIN(s) to BSNL for billing purposes (in case franchisees are registered in multiple states) BSNL reserves the right to suspend the operation of this agreement, at any time, due to change in its own license conditions or upon directions from the competent government authorities. In such a situation, BSNL shall not be responsible for any damage or loss caused or arisen out of aforesaid action. Further, the suspension of the agreement will not be a cause or ground for extension of the period of the agreement and suspension period will be taken as period spent. During this period, no charges for use of the facility of the franchisee shall be payable by BSNL.