Common use of Maintenance of Advertisement Spaces Clause in Contracts

Maintenance of Advertisement Spaces. 13.1 Licensee shall keep and maintain the advertisement media/panel in neat, clean condition and in safe & sound manner during all the time of License tenure. Any defective, weak or corroded structure should be replaced immediately with new proper structure after due certification from reputed agency. In case of any incident / injury caused by advertisement media due to error / omission attributable on the part of Licensee, the Licensee shall be responsible for all compensation. 13.2 Licensee shall ensure that Licensee and its employees or other persons involved in the execution of the work does not in any way impinge on the safety and security of metro operations, safety & convenience of commuter, safety of metro properties and its assets. In case of serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property, it shall constitute Material Breach of Contract and considered Licensees Event of Default that shall entitle DMRC to terminate the License Agreement with 30 days written notice. 13.3 Access to metro stations for the purpose of placement of advertisements shall be regulated by the office of the General Manager/Property Business and the Licensee is required to take necessary permissions in this regard from the office of General Manager / Property Business as per extant policy of DMRC. It is clarified that the permission to the Licensee shall not be unduly denied. 13.4 Joint inspection of station may be conducted by DMRC officials and Licensee, at mutually convenient time. Discrepancy noticed or instructions issued by DMRC shall be rectified / complied by the Licensee within a period of 7 days, failing which DMRC reserves the right to impose fine up to Rs.5,000/- per instance of irregularity per week. Deliberate or willful non-compliance of DMRC written instructions for a period of 30 days shall constitute Material breach and Licensee Event of Default, which shall entitle DMRC to en-cash security deposit in part or full and/or terminate the License Agreement after giving 30 days’ notice to the Licensee. 13.5 Such termination of the License Agreement and forfeiture of the interest free performance guarantee by DMRC shall be without prejudice to any other damages, rights or remedies applicable and available to it under law in its favor. 13.6 Further, DMRC can impose the fine on Licensee up to Rs.10,000/- per offence per instance on the following offenses: a) Any staff of Licensee found in drunken condition / indulging in bad conduct. b) Any staff of the Licensee found creating nuisance on duty. c) Improper maintenance & defacement of the Metro Property. d) Dishonor of drafts and Cheques given by Licensee in favor of DMRC. Cheque will be accepted only in emergent condition & approval of DMRC of not below the official rank of HOD. e) Misbehavior with staff and commuters of DMRC. f) Not following safety and security norms as may be indicated by authorized representative of DMRC. g) Vacant advertisement panels without having mounted display/filler messages/blank flex at the station, at any time (after completion of fitment period). h) Improper maintenance of the FOB or display of unauthorized advertisement beyond the applicable scope of Co-Branding constructed by the licensee. 13.7 The option to impose fine, penalty etc. under this License Agreement shall be exercised by DMRC official not below the rank of Dy.HOD.

Appears in 2 contracts

Samples: License Agreement, License Agreement

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Maintenance of Advertisement Spaces. 13.1 Licensee shall keep and maintain the advertisement media/panel in neat, clean condition and in safe & sound manner during all the time of License tenure. Any defective, weak week or corroded structure should be replaced immediately with new proper structure after due certification from reputed agency. In case of any incident / injury caused by advertisement media due to error / omission attributable on the part of Licensee, the Licensee shall be responsible for all compensation. 13.2 Licensee shall ensure that Licensee and its employees or other persons involved in the execution of the work does not in any way impinge on the safety and security of metro operations, safety & convenience of commuter, safety of metro properties and its assets. In case of serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property, it shall constitute Material Breach of Contract and considered Licensees Event of Default that shall entitle DMRC to terminate the License Agreement with 30 days written notice. 13.3 Access to metro stations for the purpose of placement of advertisements shall be regulated by the office of the General ManagerChief Engineer/Property Business and the Licensee is required to take necessary permissions in this regard from the office of General Manager Chief Engineer / Property Business as per extant policy of DMRC. It is clarified that the permission to the Licensee shall not be unduly denied. 13.4 Joint inspection of station may be conducted by DMRC officials and Licensee, at mutually convenient time. Discrepancy noticed or instructions issued by DMRC shall be rectified / complied by the Licensee within a period of 7 days, failing which DMRC reserves the right to impose fine up to Rs.5,000/- per instance of irregularity per week. Deliberate or willful non-compliance of DMRC written instructions for a period of 30 90 days shall constitute Material breach and Licensee Event of Default, which shall entitle DMRC to en-cash security deposit in part or full and/or and or terminate the License Agreement after giving 30 days’ 90 days notice to the Licensee. 13.5 Such termination of the License Agreement and forfeiture of the interest free performance guarantee by DMRC shall be without prejudice to any other damages, rights or remedies applicable and available to it under law in its favor. 13.6 Further, DMRC can impose the fine on Licensee up to Rs.10,000/- Rs.5,000/- per week per offence per instance on the following offenses: a) Any staff of Licensee found in drunken condition / indulging in bad conduct. b) Any staff of the Licensee found creating nuisance on duty. c) Improper maintenance & defacement of the Metro Property. d) Dishonor of drafts and Cheques given by Licensee in favor of DMRC. Cheque will be accepted only in emergent condition & approval of DMRC of not below the official rank of HOD. e) Misbehavior with staff and commuters of DMRC. f) Not following safety and security norms as may be indicated by authorized representative of DMRC. g) Vacant advertisement panels without having mounted display/filler messages/blank flex at the station, at any time (after completion of fitment period). h) Improper maintenance of the FOB or display of unauthorized advertisement beyond the applicable scope of Co-Branding constructed by the licensee. 13.7 The option to impose fine, penalty etc. penalty, etc under this License Agreement shall be exercised by DMRC official not below the rank of Dy.HOD.

Appears in 2 contracts

Samples: License Agreement for Exclusive Semi Naming Rights, License Agreement

Maintenance of Advertisement Spaces. 13.1 Licensee shall keep and maintain the advertisement media/panel in neat, clean condition and in safe & sound manner during all the time entire tenure of License tenurethe license agreement. Any defective, weak week or corroded structure should be replaced immediately with proper new proper structure after due certification from reputed agency. In case of any incident / injury caused to any person or property by advertisement media due to error / omission attributable on the part of Licensee, the Licensee shall be responsible for all compensationconsequences and is liable for compensation in this regard. 13.2 Licensee shall ensure that Licensee and its employees or other persons involved in the execution of the work does not in any way impinge infringe/effect on the safety and security of metro operations, safety & convenience of commuter, safety of metro properties and its assets. In case of serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property, it shall constitute Material Breach of Contract and will be considered Licensees as a Licensee’s Event of Default that shall would entitle DMRC to terminate the License Agreement with 30 days written noticenotice and forfeiture of interest fee security deposit, besides other action for damages/compensation for law and as per this agreement. 13.3 Access to metro Metro stations for the purpose of placement of advertisements shall be regulated by the office of the General Manager/Property Business and the Licensee is required to take necessary permissions in this regard from the office of General Manager / Manager/Property Business as per extant policy of DMRC. It is clarified stated that the permission to the Licensee shall not be unduly denied. 13.4 Joint Regular joint inspection of station may each Xxxxx xxxxxxx will be conducted by DMRC officials and Licensee, at mutually convenient timeleast fortnightly. Discrepancy noticed or any instructions issued by DMRC in this regard shall be rectified / complied by the Licensee within a period of 7 days, failing which DMRC reserves the right to impose fine up to Rs.5,000/- upto Rs.10,000/- per instance of irregularity violation per weekweek per station. Deliberate or willful non-non- compliance of DMRC written instructions for a period of 30 45 days shall constitute Material breach and Licensee Licensee’s Event of Default, which shall entitle DMRC to en-en- cash security deposit the Performance Guarantee in part or full and/or terminate the License Agreement after giving 30 days’ days notice to the Licensee. 13.5 Such termination of the License Agreement and forfeiture of the interest free performance guarantee by Interest Free Security Deposit / Performance Securityby DMRC shall be without prejudice to any other damages, rights or remedies applicable and available to it DMRC under law in its favoror under this license agreement. 13.6 Further, DMRC can impose the a fine on the Licensee up to Rs.10,000/- of Rs.5,000/- per week per offence per instance on for any of the following offenses: a) Any staff of Licensee found in drunken condition / indulging in bad conduct. b) Any staff of the Licensee found creating nuisance on duty. c) Improper maintenance & defacement of the Metro Property. d) Dishonor of drafts and Cheques given by Licensee in favor favour of DMRC. Cheque will Charges to be accepted only in emergent condition & with the approval of DMRC of by official not below the official rank of HOD.HoD. e) Misbehavior with staff and commuters of DMRC. f) Not following safety and security norms as may be indicated by authorized representative of DMRC. g) Utilizing advertisements at locations other than that approved by DMRC. h) Vacant advertisement panels panels, i.e without having mounted displaydisplays/filler messages/blank flex at the stationmessages of DMRC, at any time (after completion of of fitment period). hi) Improper maintenance Non submission of the FOB or display monthly statement of unauthorized approved plan and actual utilized area of advertisement beyond the applicable scope of Co-Branding constructed by the licenseeat each station. 13.7 The amount of penalty shall become double the specified amount after three years from the date of commencement of License Agreement. 13.8 The option to impose fine, penalty penalty, etc. under this License Agreement shall be exercised by DMRC official not below the rank of Dy.HOD.

Appears in 1 contract

Samples: License Agreement for Exclusive Advertising Rights

Maintenance of Advertisement Spaces. 13.1 Licensee shall keep and maintain the advertisement media/panel in neat, clean condition and in safe & sound manner during all the time of License tenure. Any defective, weak week or corroded structure should be replaced immediately with new proper structure after due certification from reputed agency. In case of any incident / injury caused by advertisement media due to error / omission attributable on the part of Licensee, the Licensee shall be responsible for all compensation. 13.2 Licensee shall ensure that Licensee and its employees or other persons involved in the execution of the work does not in any way impinge on the safety and security of metro operations, safety & convenience of commuter, safety of metro properties and its assets. In case of serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property, it shall constitute Material Breach of Contract and considered Licensees Event of Default that shall entitle DMRC to terminate the License Agreement with 30 days written notice. 13.3 Access to metro stations for the purpose of placement of advertisements shall be regulated by the office of the General Manager/Property Business and the Licensee is required to take necessary permissions in this regard from the office of General Manager / Property Business as per extant policy of DMRC. It is clarified that the permission to the Licensee shall not be unduly denied. 13.4 Joint inspection of station may be conducted by DMRC officials and Licensee, at mutually convenient time. Discrepancy noticed or instructions issued by DMRC shall be rectified / complied by the Licensee within a period of 7 days, failing which DMRC reserves the right to impose fine up to Rs.5,000/- per instance of irregularity per week. Deliberate or willful non-compliance of DMRC written instructions for a period of 30 days shall constitute Material breach and Licensee Event of Default, which shall entitle DMRC to en-cash security deposit in part or full and/or terminate the License Agreement after giving 30 days’ notice to the Licensee. 13.5 Such termination of the License Agreement and forfeiture of the interest free performance guarantee by DMRC shall be without prejudice to any other damages, rights or remedies applicable and available to it under law in its favor. 13.6 Further, DMRC can impose the fine on Licensee up to Rs.10,000/- per offence per instance on the following offenses: a) Any staff of Licensee found in drunken condition / indulging in bad conduct. b) Any staff of the Licensee found creating nuisance on duty. c) Improper maintenance & defacement of the Metro Property. d) Dishonor of drafts and Cheques given by Licensee in favor of DMRC. Cheque will be accepted only in emergent condition & approval of DMRC of not below the official rank of HOD. e) Misbehavior with staff and commuters of DMRC. f) Not following safety and security norms as may be indicated by authorized representative of DMRC. g) Vacant advertisement panels without having mounted display/filler messages/blank flex at the station, at any time (after completion of fitment period). h) Improper maintenance of the FOB or display of unauthorized advertisement beyond the applicable scope of Co-Branding constructed by the licensee. 13.7 The option to impose fine, penalty etc. under this License Agreement shall be exercised by DMRC official not below the rank of Dy.HOD.

Appears in 1 contract

Samples: License Agreement

Maintenance of Advertisement Spaces. 13.1 Licensee shall keep and maintain the advertisement media/panel in neat, clean condition and in safe & sound manner during all the time of License tenure. Any defective, weak or corroded structure should be replaced immediately with new proper structure after due certification from reputed agency. In case of any incident / injury caused by advertisement media due to error / omission attributable on the part of Licensee, the Licensee shall be responsible for all compensation. 13.2 Licensee shall ensure that Licensee and its employees or other persons involved in the execution of the work does not in any way impinge on the safety and security of metro operations, safety & convenience of commuter, safety of metro properties and its assets. In case of serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property, it shall constitute Material Breach of Contract and considered Licensees Event of Default that shall entitle DMRC to terminate the License Agreement with 30 days written notice. 13.3 Access to metro stations for the purpose of placement of advertisements shall be regulated by the office of the General Manager/Property Business and the Licensee is required to take necessary permissions in this regard from the office of General Manager / Property Business as per extant policy of DMRC. It is clarified that the permission to the Licensee shall not be unduly denied. 13.4 Joint inspection of station may be conducted by DMRC officials and Licensee, at mutually convenient time. Discrepancy noticed or instructions issued by DMRC shall be rectified / complied by the Licensee within a period of 7 days, failing which DMRC reserves the right to impose fine up to Rs.5,000/- per instance of irregularity per week. Deliberate or willful non-compliance of DMRC written instructions for a period of 30 days shall constitute Material breach and Licensee Event of Default, which shall entitle DMRC to en-cash security deposit in part or full and/or terminate the License Agreement after giving 30 days’ notice to the Licensee. 13.5 Such termination of the License Agreement and forfeiture of the interest free performance guarantee by DMRC shall be without prejudice to any other damages, rights or remedies applicable and available to it under law in its favor. 13.6 Further, DMRC can impose the fine on Licensee up to Rs.10,000/- per offence per instance on the following offenses: a) Any staff of Licensee found in drunken condition / indulging in bad conduct. b) Any staff of the Licensee found creating nuisance on duty. c) Improper maintenance & defacement of the Metro Property. d) Dishonor of drafts and Cheques given by Licensee in favor of DMRC. Cheque will be accepted only in emergent condition & approval of DMRC of not below the official rank of HOD. e) Misbehavior with staff and commuters of DMRC. f) Not following safety and security norms as may be indicated by authorized representative of DMRC. g) Vacant advertisement panels without having mounted display/filler messages/blank flex at the station, at any time (after completion of fitment period). h) Improper maintenance of the FOB or display of unauthorized advertisement beyond the applicable scope of Co-Branding constructed by the licensee. 13.7 The option to impose fine, penalty etc. under this License Agreement shall be exercised by DMRC official not below the rank of Dy.HOD.

Appears in 1 contract

Samples: License Agreement

Maintenance of Advertisement Spaces. 13.1 Licensee shall keep and maintain the advertisement media/panel in neat, clean condition and in safe & sound manner during all the time of License tenure. Any defective, weak week or corroded structure should be replaced immediately with new proper structure after due certification from reputed agency. In case of any incident / injury caused by advertisement media due to error / omission attributable on the part of Licensee, the Licensee shall be responsible for all compensation. 13.2 Licensee shall ensure that Licensee and its employees or other persons involved in the execution of the work does not in any way impinge on the safety and security of metro operations, safety & convenience of commuter, safety of metro properties and its assets. In case of serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property, it shall constitute Material Breach of Contract and considered Licensees Event of Default that shall entitle DMRC to terminate the License Agreement with 30 days written notice. 13.3 Access to metro stations for the purpose of placement of advertisements shall be regulated by the office of the General ManagerChief Engineer/Property Business and the Licensee is required to take necessary permissions in this regard from the office of General Manager / Chief Engineer/Property Business as per extant policy of DMRC. It is clarified that the permission to the Licensee shall not be unduly denied. 13.4 Joint Regular joint inspection of each station may will be conducted by DMRC officials and Licensee, at mutually convenient timeleast fortnightly. Discrepancy noticed or instructions issued by DMRC shall be rectified / complied by the Licensee within a period of 7 days, failing which DMRC reserves the right to impose fine up to upto Rs.5,000/- per instance of irregularity violation per weekweek per station. Deliberate or willful non-compliance of DMRC written instructions for a period of 30 90 days shall constitute Material breach and Licensee Event of Default, which shall entitle DMRC to en-cash security deposit Performance Guarantee in part or full and/or and or terminate the License Agreement after giving 30 days’ 90 days notice to the Licensee. 13.5 Such termination of the License Agreement and forfeiture of the interest free performance guarantee Interest Free Security Deposit / Performance Security by DMRC shall be without prejudice to any other damages, rights or remedies applicable and available to it under law in its favorfavour. 13.6 Further, DMRC can impose the fine on Licensee up to Rs.10,000/- Rs.5,000/- per week per offence per instance on the following offenses: a) Any staff of Licensee found in drunken condition / indulging in bad conduct. b) Any staff of the Licensee found creating nuisance on duty. c) Improper maintenance & defacement of the Metro Property. d) Dishonor of drafts and Cheques given by Licensee in favor favour of DMRC. Cheque will be accepted only in emergent condition & approval of DMRC of not below the official rank of HOD. e) Misbehavior with staff and commuters of DMRC. f) Not following safety and security norms as may be indicated by authorized representative of DMRC. g) Vacant advertisement panels without having mounted display/filler messages/blank flex Utilizing advertisements at the station, at any time (after completion of fitment period)locations other than that approved by DMRC. h) Improper maintenance Non submission of the FOB or display monthly statement of unauthorized approved plan and actual utilized area of advertisement beyond the applicable scope of Co-Branding constructed by the licenseeat each station. 13.7 The amount of penalty shall become double the specified amount after three years from the date of commencement of License Agreement. 13.8 The option to impose fine, penalty penalty, etc. under this License Agreement shall be exercised by DMRC official not below the rank of Dy.HOD.

Appears in 1 contract

Samples: License Agreement

Maintenance of Advertisement Spaces. 13.1 Licensee shall keep and maintain the advertisement media/panel in neat, clean condition and in safe & sound manner during all the time of License tenure. Any defective, weak week or corroded structure should be replaced immediately with new proper structure after due certification from reputed agency. In case of any incident / injury caused by advertisement media due to error / omission attributable on the part of Licensee, the Licensee shall be responsible for all compensation. 13.2 Licensee shall ensure that Licensee and its employees or other persons involved in the execution of the work does not in any way impinge on the safety and security of metro operations, safety & convenience of commuter, safety of metro properties and its assets. In case of serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property, it shall constitute Material Breach of Contract and considered Licensees Event of Default that shall entitle DMRC to terminate the License Agreement with 30 days written notice. 13.3 Access to metro stations for the purpose of placement of advertisements shall be regulated by the office of the General Manager/Property Business and the Licensee is required to take necessary permissions in this regard from the office of General Manager / Property Business as per extant policy of DMRC. It is clarified that the permission to the Licensee shall not be unduly denied. 13.4 Joint inspection of station may be conducted by DMRC officials and Licensee, at mutually convenient time. Discrepancy noticed or instructions issued by DMRC shall be rectified / complied by the Licensee within a period of 7 days, failing which DMRC reserves the right to impose fine up to Rs.5,000/- per instance of irregularity per week. Deliberate or willful non-compliance of DMRC written instructions for a period of 30 days shall constitute Material breach and Licensee Event of Default, which shall entitle DMRC to en-cash security deposit in part or full and/or terminate the License Agreement after giving 30 days’ days notice to the Licensee. 13.5 Such termination of the License Agreement and forfeiture of the interest free performance guarantee by DMRC shall be without prejudice to any other damages, rights or remedies applicable and available to it under law in its favor. 13.6 Further, DMRC can impose the fine on Licensee up to Rs.10,000/- Rs.5,000/- per offence per instance on the following offenses: a) Any staff of Licensee found in drunken condition / indulging in bad conduct. b) Any staff of the Licensee found creating nuisance on duty. c) Improper maintenance & defacement of the Metro Property. d) Dishonor of drafts and Cheques given by Licensee in favor of DMRC. Cheque will Cheques may be accepted only in emergent condition & situation with prior approval of DMRC HOD level officer of not below the official rank of HODDMRC. e) Misbehavior with staff and commuters of DMRC. f) Not following safety and security norms as may be indicated by authorized representative of DMRC. g) Vacant advertisement panels without having mounted display/filler messages/blank flex at the station, at any time (after completion of fitment period). h) Improper maintenance of the FOB or display of unauthorized advertisement beyond the applicable scope of Co-Branding constructed by the licensee. 13.7 The option to impose fine, penalty etc. under this License Agreement shall be exercised by DMRC official not below the rank of Dy.HOD.

Appears in 1 contract

Samples: License Agreement

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Maintenance of Advertisement Spaces. 13.1 Licensee shall keep and maintain the advertisement media/panel in neat, clean condition and in safe & sound manner during all the time of License tenure. Any defective, weak week or corroded structure should be replaced immediately with new proper structure after due certification from reputed agency. In case of any incident / injury caused by advertisement media due to error / omission attributable on the part of Licensee, the Licensee shall be responsible for all compensation. 13.2 Licensee shall ensure that Licensee and its employees or other persons involved in the execution of the work does not in any way impinge on the safety and security of metro operations, safety & convenience of commuter, safety of metro properties and its assets. In case of serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property, it shall constitute Material Breach of Contract and considered Licensees Event of Default that shall entitle DMRC to terminate the License Agreement with 30 days written notice. 13.3 Access to metro stations for the purpose of placement of advertisements shall be regulated by the office of the General Manager/Property Business and the Licensee is required to take necessary permissions in this regard from the office of General Manager / Property Business as per extant policy of DMRC. It is clarified that the permission to the Licensee shall not be unduly denied. 13.4 Joint inspection of station may be conducted by DMRC officials and Licensee, at mutually convenient time. Discrepancy noticed or instructions issued by DMRC shall be rectified / complied by the Licensee within a period of 7 days, failing which DMRC reserves the right to impose fine up to Rs.5,000/- per instance of irregularity per week. Deliberate or willful non-compliance of DMRC written instructions for a period of 30 days shall constitute Material breach and Licensee Event of Default, which shall entitle DMRC to en-cash security deposit in part or full and/or terminate the License Agreement after giving 30 days’ days notice to the Licensee. 13.5 Such termination of the License Agreement and forfeiture of the interest free performance guarantee by DMRC shall be without prejudice to any other damages, rights or remedies applicable and available to it under law in its favor. 13.6 Further, DMRC can impose the fine on Licensee up to Rs.10,000/- Rs.5,000/- per offence per instance on the following offenses: a) Any staff of Licensee found in drunken condition / indulging in bad conduct. b) Any staff of the Licensee found creating nuisance on duty. c) Improper maintenance & defacement of the Metro Property. d) Dishonor of drafts and Cheques given by Licensee in favor of DMRC. Cheque will be accepted only in emergent condition & approval of DMRC of not below the official rank of HOD. e) Misbehavior with staff and commuters of DMRC. f) Not following safety and security norms as may be indicated by authorized representative of DMRC. g) Vacant advertisement panels without having mounted display/filler messages/blank flex at the station, at any time (after completion of fitment period). h) Improper maintenance of the FOB or display of unauthorized advertisement beyond the applicable scope of Co-Branding constructed by the licensee. 13.7 The option to impose fine, penalty etc. under this License Agreement shall be exercised by DMRC official not below the rank of Dy.HOD.

Appears in 1 contract

Samples: License Agreement

Maintenance of Advertisement Spaces. 13.1 14.1.1. Licensee shall keep and maintain the advertisement media/panel in neat, clean condition and in safe & sound manner during all the time of License tenure. Any defective, weak week or corroded structure should be replaced immediately with new proper structure after due certification from reputed agency. In case of any incident / injury caused by advertisement media due to error / omission attributable on the part of Licensee, the Licensee shall be responsible for all compensation. 13.2 14.1.2. Licensee shall ensure that Licensee and its employees or other persons involved in the execution of the work does not in any way impinge on the safety and security of metro operations, safety & convenience of metro and road commuter, safety of metro metro/public properties and its assets. In case of serious accident caused due to negligence of the Licensee, resulting in injury, death to metro/road commuters or DMRC Maha-Metro employees or loss to DMRC propertyMaha-Metro property or Road Median, it shall constitute Material Breach of Contract and considered Licensees Event of Default that shall entitle DMRC Maha-Metro to terminate the License Agreement with 30 days written notice. 13.3 Access to metro stations for the purpose of placement of advertisements shall be regulated by the office of the General Manager/Property Business and the Licensee is required to take necessary permissions in this regard from the office of General Manager / Property Business as per extant policy of DMRC14.1.3. It is clarified that the permission to the Licensee shall not be unduly denied. 13.4 Joint Regular joint inspection of station may will be conducted by DMRC Maha-Metro officials and Licensee, at mutually convenient timeleast fortnightly. Discrepancy noticed or instructions issued by DMRC Maha-Metro shall be rectified / complied by the Licensee within a period of 7 days, failing which DMRC Maha-Metro reserves the right to impose fine up to Rs.5,000/- per instance of irregularity violation per weekweek per section. Deliberate or willful wilful non-compliance of DMRC Maha-Metro’s written instructions for a period of 30 90 days shall constitute Material breach and Licensee Event of Default, which shall entitle DMRC Maha-Metro to en-cash security deposit encash Security Deposit in part or full and/or and or terminate the License Agreement after giving 30 90 days’ notice to the Licensee. 13.5 14.1.4. Such termination of the License Agreement and forfeiture of the interest free performance guarantee Interest Free Security Deposit by DMRC Maha-Metro shall be without prejudice to any other damages, rights or remedies applicable and available to it under law in its favorfavour. 13.6 Further, DMRC can impose 14.1.5. The amount of penalty shall become double the fine on Licensee up to Rs.10,000/- per offence per instance on specified amount after three years from the following offenses: a) Any staff date of Licensee found in drunken condition / indulging in bad conductcommencement of License Agreement. b) Any staff of the Licensee found creating nuisance on duty. c) Improper maintenance & defacement of the Metro Property. d) Dishonor of drafts and Cheques given by Licensee in favor of DMRC. Cheque will be accepted only in emergent condition & approval of DMRC of not below the official rank of HOD. e) Misbehavior with staff and commuters of DMRC. f) Not following safety and security norms as may be indicated by authorized representative of DMRC. g) Vacant advertisement panels without having mounted display/filler messages/blank flex at the station, at any time (after completion of fitment period). h) Improper maintenance of the FOB or display of unauthorized advertisement beyond the applicable scope of Co-Branding constructed by the licensee. 13.7 The option to impose fine, penalty etc. under this License Agreement shall be exercised by DMRC official not below the rank of Dy.HOD.

Appears in 1 contract

Samples: License Agreement

Maintenance of Advertisement Spaces. 13.1 Licensee shall keep and maintain the advertisement media/panel in neat, clean condition and in safe & sound manner during all the time of License tenure. Any defective, weak or corroded structure should be replaced immediately with new proper structure after due certification from reputed agency. In case of any incident / injury caused by advertisement media due to error / omission attributable on the part of Licensee, the Licensee shall be responsible for all compensation. 13.2 Licensee shall ensure that Licensee and its employees or other persons involved in the execution of the work does not in any way impinge on the safety and security of metro operations, safety & convenience of commuter, safety of metro properties and its assets. In case of serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property, it shall constitute Material Breach of Contract and considered Licensees Event of Default that shall entitle DMRC to terminate the License Agreement with 30 days written notice. 13.3 Access to metro stations for the purpose of placement of advertisements shall be regulated by the office of the General ManagerChief Engineer/Property Business and the Licensee is required to take necessary permissions in this regard from the office of General Manager / Chief Engineer/Property Business as per extant policy of DMRC. It is clarified that the permission to the Licensee shall not be unduly denied. 13.4 Joint Regular joint inspection of each station may will be conducted by DMRC officials and Licensee, at mutually convenient timeleast fortnightly. Discrepancy noticed or instructions issued by DMRC shall be rectified / complied by the Licensee within a period of 7 days, failing which DMRC reserves the right to impose fine up to upto Rs.5,000/- per instance of irregularity violation per weekweek per station. Deliberate or willful non-compliance of DMRC written instructions for a period of 30 90 days shall constitute Material breach and Licensee Event of Default, which shall entitle DMRC to en-cash security deposit Performance Guarantee in part or full and/or and or terminate the License Agreement after giving 30 days’ 90 days notice to the Licensee. 13.5 Such termination of the License Agreement and forfeiture of the interest free performance guarantee Interest Free Security Deposit / Performance Security by DMRC shall be without prejudice to any other damages, rights or remedies applicable and available to it under law in its favorfavour. 13.6 Further, DMRC can impose the fine on Licensee up to Rs.10,000/- Rs.5,000/- per week per offence per instance on the following offenses: a) Any staff of Licensee found in drunken condition / indulging in bad conduct. b) Any staff of the Licensee found creating nuisance on duty. c) Improper maintenance & defacement of the Metro Property. d) Dishonor of drafts and Cheques given by Licensee in favor favour of DMRC. Cheque will be accepted only in emergent condition & approval of DMRC of not below the official rank of HOD. e) Misbehavior with staff and commuters of DMRC. f) Not following safety and security norms as may be indicated by authorized representative of DMRC. g) Vacant advertisement panels without having mounted display/filler messages/blank flex Utilizing advertisements at the station, at any time (after completion of fitment period)locations other than that approved by DMRC. h) Improper maintenance Non submission of the FOB or display monthly statement of unauthorized approved plan and actual utilized area of advertisement beyond the applicable scope of Co-Branding constructed by the licenseeat each station. 13.7 The amount of penalty shall become double the specified amount after three years from the date of commencement of License Agreement. 13.8 The option to impose fine, penalty penalty, etc. under this License Agreement shall be exercised by DMRC official not below the rank of Dy.HOD.

Appears in 1 contract

Samples: License Agreement

Maintenance of Advertisement Spaces. 13.1 Licensee shall keep and maintain the advertisement media/panel in neat, clean condition and in safe & sound manner during all the time of License tenure. Any defective, weak week or corroded structure should be replaced immediately with new proper structure after due certification from reputed agency. In case of any incident / injury caused by advertisement media due to error / omission attributable on the part of Licensee, the Licensee shall be responsible for all compensation. 13.2 Licensee shall ensure that Licensee and its employees or other persons involved in the execution of the work does not in any way impinge on the safety and security of metro operations, safety & convenience of commuter, safety of metro properties and its assets. In case of serious accident caused due to negligence of the Licensee, resulting in injury, death to commuters or DMRC employees or loss to DMRC property, it shall constitute Material Breach of Contract and considered Licensees Event of Default that shall entitle DMRC to terminate the License Agreement with 30 days written notice. 13.3 Access to metro stations for the purpose of placement of advertisements shall be regulated by the office of the General Manager/Property Business and the Licensee is required to take necessary permissions in this regard from the office of General Manager / Property Business as per extant policy of DMRC. It is clarified that the permission to the Licensee shall not be unduly denied. 13.4 Joint inspection of station may be conducted by DMRC officials and Licensee, at mutually convenient time. Discrepancy noticed or instructions issued by DMRC shall be rectified / complied by the Licensee within a period of 7 days, failing which DMRC reserves the right to impose fine up to Rs.5,000/- per instance of irregularity per week. Deliberate or willful non-compliance of DMRC written instructions for a period of 30 90 days shall constitute Material breach and Licensee Event of Default, which shall entitle DMRC to en-cash security deposit in part or full and/or and or terminate the License Agreement after giving 30 days’ 90 days notice to the Licensee. 13.5 Such termination of the License Agreement and forfeiture of the interest free performance guarantee by DMRC shall be without prejudice to any other damages, rights or remedies applicable and available to it under law in its favor. 13.6 Further, DMRC can impose the fine on Licensee up to Rs.10,000/- Rs.5,000/- per week per offence per instance on the following offenses: a) Any staff of Licensee found in drunken condition / indulging in bad conduct. b) Any staff of the Licensee found creating nuisance on duty. c) Improper maintenance & defacement of the Metro Property. d) Dishonor of drafts and Cheques given by Licensee in favor of DMRC. Cheque will be accepted only in emergent condition & approval of DMRC of not below the official rank of HOD. e) Misbehavior with staff and commuters of DMRC. f) Not following safety and security norms as may be indicated by authorized representative of DMRC. g) Vacant advertisement panels without having mounted display/filler messages/blank flex at the station, at any time (after completion of fitment period). h) Improper maintenance of the FOB or display of unauthorized advertisement beyond the applicable scope of Co-Branding constructed by the licensee. 13.7 The option to impose fine, penalty etc. penalty, etc under this License Agreement shall be exercised by DMRC official not below the rank of Dy.HOD.

Appears in 1 contract

Samples: License Agreement

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