Paragraph 1st. If, after the procedure foreseen in this clause, Anatel considers inconvenient or unfeasible the implementation of the specific universalization goal by means of the Concessionaire, it will hire the responsibility from another, doing it by means of specific grants and delimiting the service, complying with the economic parameters obtained in the procedure foreseen in this clause.
Paragraph 1st. The Concessionaire will shoulder the costs resulting from the regulation referred to in the caput of this clause.
Paragraph 1st. The decisions relative to item XXXIII of this clause in contracts of service rendering and technical assistance, between the Concessionaire and third parties connected with the controlling shareholders, must be made in special meeting, and the Concessionaire should record on its by-laws that the preferred shares will have right to vote in these decisions, at no loss of dispositions of paragraph 1st of art. 115 of Law No. 6,404 of December 15, 1976, altered by Law No. 10,303 of October 31, 2001.
Paragraph 1st. The Concessionaire will work with the holders of public or private assets on or under which it has to install ducts or channels or even install supports for the installation of the same, obtaining the respective consent or bondage for such a purpose.
Paragraph 1st. If the Concessionaire does not provide the resources in up to 60 (sixty) days, counting from the request, and does not confirm objectively the absence of capability for servicing, Anatel will establish, as a safeguard, the conditions to meet the request, including, if necessary, the values to be practiced.
Paragraph 1st. The inspection to be exercised by Anatel will include the inspection and follow-up of the activities, the equipment, the facilities, the contracts and the economical-financial situation of the Concessionaire, whether by means of direct performance of its inspection agents, whether by means of a formal request, implying in broad access to all the data and information of the Concessionaire or third parties, which must be provided timely, in the way required, in accordance with the contents of this Contract.
Paragraph 1st. The supply of the data mentioned in this clause does not exempt nor does it diminish the Concessionaire’s responsibility as to the adequacy, correction and legality of its accounting records and its financial and commercial operations.
Paragraph 1st. The Concessionaire must have it stated on the insurance policies the obligation of the Insurance Company inform, in writing, with a minimum advance of 30 (thirty) days, to the Concessionaire and Anatel, any facts that may imply in the total or partial cancellation of the contracted policies, reduction of coverages, increase in grace periods or reduction of insured values.
Paragraph 1st. The infraction prescribed in item I of this clause will be characterized when the Concessionaire does not comply, within the time periods foreseen in this Contract, with its obligations as to the expansion of the ser vice, expansion of the rendering of the service, by means of telephones for public use and servicing to locations, as per dispositions in the General Plan of Goals for Universalization and in Attachment 02 – Universalization Goals, part of the present Contract, and the sanction will be applied taking into consideration, in addition to the general principals included in this Chapter, the following factors:
Paragraph 1st. The Concessionaire will not be obligated to shoulder losses as a result of the present Contract, except if these result from some of the following factors: I – its negligence, ineptitude or omission in the exploration of the service; II – normal risks to the business activity; III – inefficient management of its business, including the one characterized by the payment of operational and administrative costs incompatible with the parameters verified in the market place, or IV – its inability to take advantage of the existing opportunities in the market place, including regarding the expansion, enlargement and development of the provision of the service object of the grant.
