Common use of Prohibition of Certain Activities Clause in Contracts

Prohibition of Certain Activities. 6.1 Subject to the provisions contained in Clause 8.4, the Permission is non- transferable. The Permission Holder shall not be competent to grant a sub – Permission directly or indirectly 6.2 The Permission Holder may resort to outsourcing of content production as well as leasing of content development equipment as long as it does not impact the permission holder‟s right as FM broadcaster and enjoys complete control over the channel. However, the permission holder will be fully responsible for any violations/omissions of the provisions w.r.t. content as contained in Clause 10 and 11 here under in this regard. 6.3 The Permission Holder may hire or lease broadcasting equipments on long-term basis as long as it does not impact permission holder‟s right as FM Radio broadcaster and enjoys complete control over the channel. However, the permission holder will be fully responsible for any violation of the technical parameters as stipulated in Clause 12. 6.4 The permission holder shall not enter into any borrowing or lending arrangement with other Permission holders or entities except recognized financial institutions and its related entities (to say, its subsidiary or holding company, a company with the same management and an inter-connected undertaking), which may restrict its management or creative discretion to procure or broadcast content or its marketing rights. 6.5 The Permission Holder shall ensure that there is no linkage between a party from whom a programme is outsourced and an advertising agency. 6.6 The Permission Holder shall ensure that no content, messages, advertisement or communication, transmitted in its Broadcast Channel is objectionable, obscene, unauthorized or inconsistent with the laws of India. 6.7 The Permission Holder shall not either directly or indirectly assign or transfer its right in any manner whatsoever under this Agreement to any other party or enter into any Agreement for sub-Permission and/or partnership relating to any subject matter of the Permission to any third party either in whole or in part. Any violation of the terms shall be construed as breach of this Agreement. 6.8 The permission holder shall fix or modify the “Channel Identity”, which is the brand name of the FM Radio Channel, only after prior approval of the Grantor.

Prohibition of Certain Activities. 6.1 7.1 Subject to the provisions contained in Clause 8.49.4, the Permission is non- transferable. The Permission Holder shall not be competent to grant a sub – Permission directly or indirectly 6.2 7.2 The Permission Holder may resort to outsourcing of content production as well as leasing of content development equipment as long as it does not impact the permission holder‟s right as FM broadcaster and enjoys complete control over the channel. However, the permission holder will be fully responsible for any violations/omissions of the provisions w.r.t. content as contained in Clause 10 11 and 11 12 here under in this regard. 6.3 7.3 The Permission Holder may hire or lease broadcasting equipments on long-term basis as long as it does not impact permission holder‟s right as FM Radio broadcaster and enjoys complete control over the channel. However, the permission holder will be fully responsible for any violation of the technical parameters as stipulated in Clause 1213. 6.4 7.4 The permission holder shall not enter into any borrowing or lending arrangement with other Permission holders or entities except recognized financial institutions and its related entities (to say, its subsidiary or holding company, a company with the same management and an inter-connected undertaking), which may restrict its management or creative discretion to procure or broadcast content or its marketing rights. 6.5 7.5 The Permission Holder shall ensure that there is no linkage between a party from whom a programme is outsourced and an advertising agency. 6.6 7.6 The Permission Holder shall ensure that no content, messages, advertisement or communication, transmitted in its Broadcast Channel is objectionable, obscene, unauthorized or inconsistent with the laws of India. 6.7 7.7 The Permission Holder shall not either directly or indirectly assign or transfer its right in any manner whatsoever under this Agreement to any other party or enter into any Agreement for sub-Permission and/or partnership relating to any subject matter of the Permission to any third party either in whole or in part. Any violation of the terms shall be construed as breach of this Agreement. 6.8 7.8 The permission holder shall fix or modify the “Channel Identity”, which is the brand name of the FM Radio Channel, only after prior approval of the Grantor.

Prohibition of Certain Activities. 6.1 Subject to the provisions contained in Clause 8.4, the Permission is non- transferable. The Permission Holder Licensee shall not be competent to grant a sub – Permission directly or indirectlycarry any channels prohibited by the Ministry of Information & Broadcasting. 6.2 The Permission Holder may resort to outsourcing of content production as well as leasing of content development equipment as long as it does not impact the permission holder‟s right as FM broadcaster and enjoys complete control over the channel. However, the permission holder will be fully responsible for any violations/omissions of the provisions w.r.t. content as contained in Clause 10 and 11 here under in this regard. 6.3 The Permission Holder may hire or lease broadcasting equipments on long-term basis as long as it does not impact permission holder‟s right as FM Radio broadcaster and enjoys complete control over the channel. However, the permission holder will be fully responsible for any violation of the technical parameters as stipulated in Clause 12. 6.4 The permission holder shall not enter into any borrowing or lending arrangement with other Permission holders or entities except recognized financial institutions and its related entities (to say, its subsidiary or holding company, a company with the same management and an inter-connected undertaking), which may restrict its management or creative discretion to procure or broadcast content or its marketing rights. 6.5 The Permission Holder Licensee shall ensure that there is no linkage between a party from whom a programme is outsourced and an advertising agency. 6.6 The Permission Holder shall ensure that no its facilities are not used for transmitting any objectionable or obscene content, messages, advertisement messages or communication, transmitted in its Broadcast Channel is objectionable, obscene, unauthorized or communication inconsistent with the laws of India. The use of the facility or service for anti national activities would be construed as an offence punishable under the Indian Penal Code and applicable laws and will attract immediate termination of License. 6.7 6.3 The Permission Holder Licensor reserves the right to prohibit the transmission or reception of programmes in the interest of national security or in the event of emergency/war or similar type of situation. Notwithstanding any agreement between the Licensee and the content providers, the Licensee shall stop forthwith, transmission of TV channels or any content, as and when directed to do so by the Licensor or any other designated lawful authority. 6.4 Except with prior approval of Licensor, the Licensee shall not either directly or indirectly assign or transfer its right in any manner whatsoever under this Agreement to any other party or enter into any Agreement for sub-Permission and/or license and/ or partnership relating to any subject matter of the Permission License to any third party either in whole or in part. Any violation of the terms shall be construed as breach of this Agreementthe License Agreement and License of the Licensee shall be terminated immediately. 6.8 6.5 The permission holder Licensee shall fix not carry the signals of a broadcaster against whom any regulatory body, tribunal or modify court have found the “Channel Identityfollowing: (i) Refused access on a non-discriminatory basis to another DTH operator contrary to the Regulations of TRAI (ii) Violated the provisions of any law relating to competition including the Competition Act.” 6.6 The Licensee shall not enter into any exclusive contract for distribution of TV Channels. [Explanation: It shall be the sole responsibility of the licensee to ascertain before carrying its signals on its platform whether any broadcaster(s) has been found to be in violation of the above conditions or not. In respect of TV Channels already being carried on the platform, the licensee shall ascertain from every source including the licensor, TRAI, Tribunal or a court, whether concerned broadcasters or the channels is in violation of the above conditions. If any violation so comes to its notice, the licensee shall forthwith discontinue to carry the channels of the said broadcaster] 6.7 No licensee shall carry or include in his DTH Service any television broadcast or channel which has not been registered by the Central Government for being viewed within the territory of India. Provided that the licensee may continue to carry or include in his DTH Service any television broadcast or channel, which has made an application for registration to the Central Government on or before the date of issue of this Order, for a period of six months from the date of such Order or till such registration has been granted or refused, whichever is earlier. Provided further that TV Channels uplinking from India, in accordance with permission for uplinking granted before 2nd December 2005, shall be treated as “registered” Television channels and can be carried or included in the brand name of the FM Radio Channel, only after prior approval of the GrantorDTH Service.