Common use of Operation & Maintenance Clause in Contracts

Operation & Maintenance. a) Licensee confirms that he/they fully understand and confirm that the Digital Screens installed shall, at all-time belong to Maha-Metro, and no interest in the same shall be created by the licensee. b) The advertising rights on the Digital Screens installed will vest with the licensee only. Any persons wishing to advertise in the above-mentioned panels will have to deal directly with the Licensee, Maha-Metro will have no dealing in this regard. c) The Licensee also agrees not to sub license, lease, lien, sub lease or part with, partially or fully in any form, the panels/advertisement spaces. At no time subletting of rights for advertisement to other advertising agencies/outdoor agencies, Out of Home advertising agencies, etc. would be permissible under this agreement. d) The Licensee will not ask for any claim or seek any compensation from Maha-Metro if advertisements are not permitted due to court order/local laws/civil authorities. e) The Licensee agrees to pay and will continue to pay the license fees and all dues, even if any or all screens at any station/s are not functional or has/have been dismantled for repair or upkeep etc. The Licensee agrees that in the event of such dysfunction of the panels, the licensor will not be liable to pay any compensation to the licensee. f) Licensee and its employees or other persons involved in the execution of the work shall not, in any way, impinge on the safety and security of metro operations, passenger safety, safety of metro properties and its assets. g) The Licensee shall comply with the all the applicable laws including Court judgments/ court orders and/or other government regulatory bodies, regulating the advertisements/ displays. Maha-Metro can’t be held liable for any change/modification in these laws which adversely affects this tender and the licensee voluntarily and unequivocally agrees not to seek any claim, damages, compensation or any other consideration whatsoever on this account. h) In case of accident caused due to negligence of the Licensee resulting into injury/ death to Maha- Metro employees/ other users/ any person or loss to Maha-Metro property, Licensee shall compensate the loss (es), without prejudice to other actions under this Agreement at the sole discretion of Maha-Metro, including termination of Agreement.

Operation & Maintenance. a) Licensee confirms that he/they fully understand and confirm that the Digital Screens installed rolling stock shall, at all-all- time belong to Maha-Metro, and no interest in the same shall be created by the licensee. b) The advertising train wrapping rights on for the Digital Screens installed bided/tendered trains will vest with the licensee only. Any persons wishing to advertise in on the above-mentioned panels train will have to deal directly with the Licensee, Maha-licensee and Maha- Metro will have no dealing in this regard. c) The Licensee also agrees not to sub license, lease, lien, sub lease or part with, partially or fully in any form, the panels/advertisement spaces. At no time subletting of rights for advertisement train-wrapping to other advertising agencies/outdoor agencies, Out of Home advertising agencies, agencies etc. would be permissible under this agreement. The licensee agrees voluntarily and unequivocally to place Maha-Metro messages at their own cost on the trains which lie vacant and not commercialized at any time within 90 days of signing of License Agreement. dc) The Licensee will not ask for any claim or seek any compensation from Maha-Metro if advertisements are not permitted due to court order/local laws/civil authorities. ed) The Licensee licensee agrees to pay and will continue to pay the license fees and all dues, even if any or all screens at any station/s are not functional or has/have been dismantled the trains remains vacant (no train wrapping). e) All terms and conditions indicated in this agreement will also be applicable for repair or upkeep etc. The Licensee agrees that in the event of such dysfunction of the panelsadditional trains, the licensor will not be liable to pay any compensation to if any, offered and accepted by the licensee. f) Licensee shall affix and maintain the advertisement media/panel, etc, in safe and sound manner during all the time of contract period. Any defective/damaged/partially removed sticker/vinyl should be replaced immediately with new proper media to ensure safety of Maha-Metro commuters. g) The instructions of Maha-Metro’s officer in-charge shall be complied by the licensee at its own cost. h) In case of accident caused due to negligence of the Licensee resulting into injury/ death to Maha-Metro employees/ other users/ any person or loss to Maha-Metro property, Licensee shall compensate the loss (es), without prejudice to other actions under this Agreement at the sole discretion of Maha-Metro, including termination of Agreement. i) The Licensee voluntarily and unequivocally agrees not to seek any claims, damages, compensation or any other consideration whatsoever because of implementing the instruction issued by Maha-Metro officials from time to time. j) Licensee and its employees or other persons involved in the execution of the work shall not, in any way, impinge on the safety and security of metro operations, passenger safety, safety of metro properties and its assets. gk) The Licensee shall comply with the all the applicable laws of land including Court judgments/ court orders orders/Maharashtra Pollution Control Board and Nagpur Fire Service guidelines and/or other government regulatory bodies, regulating the advertisements/ displays. displays and Maha-Metro can’t be held liable for any change/modification in these laws which adversely affects this tender and the licensee voluntarily and unequivocally agrees not to seek any claim, damages, compensation or any other consideration whatsoever on this account. h) In case of accident caused due to negligence of the Licensee resulting into injury/ death to Maha- Metro employees/ other users/ any person or loss to Maha-Metro property, Licensee shall compensate the loss (es), without prejudice to other actions under this Agreement at the sole discretion of Maha-Metro, including termination of Agreement.

Operation & Maintenance. a) Licensee confirms that hethe panels/they fully understand and confirm that the Digital Screens installed advertisements spaces shall, at all-time belong to Maha-Metro, and no interest in or lien on the same shall be created by created. The Licensee also agrees not to sub license, lease, sub lease or part with, partially or fully in any form, of the licenseespans being utilized for horticulture development and vertical gardens including the Sites/advertisement spaces erected therein. However, the Licensee shall be allowed to market the advertising spaces to various clients and generate revenue subject to such advertisement being in compliance to the terms and conditions of this Agreement. b) The advertising rights on the Digital Screens installed for panels will vest with the licensee Licensee only. Any persons wishing to advertise in the above-mentioned panels will have to deal directly with the Licensee, Licensee and Maha-Metro will have no dealing in this regard. c) The Licensee also agrees not to sub license, lease, lien, sub lease or part with, partially or fully in any form, the panels/advertisement spaces. At no time time, subletting of rights for advertisement to other advertising agencies/outdoor agencies, Out of Home advertising agencies, etc. would be permissible under permissible. Advertisement spaces of around 5% shall be reserved with Maha-Metro to display any social messages or campaigns at no additional cost. For clarification purposes, such advertisement spaces shall be utilized only amongst that Sites that lie vacant from time to time after the rent-free fitment period of 90 days from signing of this agreementAgreement. Such sites shall be identified and agreed upon mutually by Maha-Metro and the Licensee. c) All the advertising panels shall belong exclusively to Maha-Metro Ltd at all times. No permanent interests or lien of whatever nature is allowed to be created on the advertising spaces and the advertising panels fabricated installed and commissioned. d) The Licensee will not ask for any claim or seek any compensation from Maha-Metro if advertisements are not permitted due to court order/local laws/civil authorities. The maintenance of all advertisement inserts, and the panels handed over will be borne solely by the Licensee. The replacement of bulbs, electrical chokes, other electrical parts, drip irrigation components, plumbing items etc. and also other components of all advertisement panels will be done as per directions and standards specified by the authorized representative of Maha-Metro without any financial implications to Maha-Metro. e) The Licensee agrees to pay and will continue to pay the license fees License Fees and all dues, even if any or all screens at any station/s the panels are not functional or has/have been dismantled for repair or upkeep etc. The Licensee agrees that in the event of such dysfunction of the panels, the licensor Authority will not be liable to pay any compensation to the licenseeLicensee. f) The Licensee and its employees or other persons involved will have to maintain all the advertisement inserts in proper clean condition for the execution License Period. The Licensee must submit the media sample for Maha-Metro’s approval to the office of the work shall not, in any way, impinge on General Manager Planning before using the safety and security of metro operations, passenger safety, safety of metro properties and its assetssame. Maha-Metro reserves the right not to give such permission. g) The Licensee shall comply with fully understands and comprehend that all advertisement panels including the all ones constructed / fabricated, installed and commissioned by him/her/them will become the applicable laws including Court judgments/ court orders and/or other government regulatory bodies, regulating the advertisements/ displays. sole property of Maha-Metro can’t be held liable for any change/modification in these laws which adversely affects this tender and at the licensee voluntarily and unequivocally agrees not to seek any claim, damages, compensation or any other consideration whatsoever on this accountend of the License Period. h) The Licensee shall at all times indicate the date till which their License is valid on each of their advertisements displayed. i) Licensee shall keep and maintain the advertisement media/panel, etc, in safe and sound manner during the entire License Period. Any defective, weak or corroded structure should be replaced immediately with new proper structure after due certification from reputed agency/Maha-Metro to ensure safety of Maha-Metro commuters and citizens in general. j) Licensee shall ensure that all electrical wiring, power outlets and gadgets used are maintained properly, guarded against short circuits / fires. The instructions of Xxxx-Metro’s electrical inspectors/ authorized representative shall be complied by the Licensee at its own cost. k) In case of accident caused due to negligence of the Licensee resulting into injury/ death to Maha- Metro employees/ other users/ any person or loss to Maha-Metro property, Licensee shall compensate the loss (es), without prejudice to other actions under this Agreement at the sole discretion of Maha-Metro, including termination of this Agreement. The Licensee shall keep Maha-Metro indemnified against all such losses and shall maintain necessary insurance including third party damages as required by law. The Licensee shall effect and maintain at its own cost, during the License Period, such insurances for such adequate sums as may be required under the applicable law, and such insurances (including professional indemnity, third party, works, general liability etc.) as may be necessary or prudent in accordance with good industry practices. The Licensee shall also effect and maintain such insurances as may be necessary for mitigating the risks that may devolve on Maha-Metro as a consequence of any act or omission of the Licensee during the License Period. Within 15 (fifteen) days of obtaining any insurance cover, the Licensee shall furnish to Maha-Metro, notarised true copies of the certificate(s) of insurance, copies of insurance policies and premia payment receipts in respect of such insurance, and no such insurance shall be cancelled, modified, or allowed to expire or lapse until the expiration of at least 45 (forty five) days after notice of such proposed cancellation, modification or non-renewal has been delivered by the Licensee to Maha-Metro. l) The Licensee voluntarily and unequivocally agrees not to seek any claims, damages, compensation, or any other consideration whatsoever because of implementing the instruction issued by Maha-Metro fire officer, electrical inspector, Security officer or their authorized representatives from time to time. m) Licensee and its employees or other persons involved in the execution of the work shall not, in any way, impinge on the safety and security of metro operations, passenger safety, safety of metro properties and its assets. n) The Licensee shall comply with the laws of land including Court judgments/ court orders/Maharashtra Pollution Control Board and Pune Fire Service guidelines and/or other government regulatory bodies, regulating the advertisements/ displays and Maha-Metro can’t be held liable for any change/modification in these laws which adversely affects this tender and the licensee voluntarily and unequivocally agrees not to seek any claim, damages, compensation or any other consideration whatsoever on this account.