Common use of Suspension, Revocation or Termination of License Clause in Contracts

Suspension, Revocation or Termination of License. 9.1 LICENSOR shall have the right to revoke/terminate/suspend the LICENSE either in part or whole of the Service area in the interest of national security or in case of emergency or war or low intensity conflict or any other eventuality in public interest as declared by the Government of India. Provided any specific orders or direction from the Government issued under such conditions shall be applicable to the LICENSEE and shall be strictly complied with. No License Fee shall be payable for the period for which the operation of this LICENSE remains suspended under this condition. Provided that the LICENSOR shall not be responsible for any damage or loss caused or arisen out under this condition. Provided further that the suspension of the LICENSE under this condition shall not be a cause or ground for extension of the period of the LICENSE and suspension period shall count as part of the period of licence. 9.2 The LICENSOR may, without prejudice to any other remedy available for the breach of any conditions of LICENSE, by a written notice of 60 Calendar days from the date of issue of such notice to the LICENSEE at its registered office, terminate this LICENSE under any of the following circumstances : If the LICENSEE: a) fails to perform any obligation(s) under the LICENSE including timely payments of fee and other charges due to the LICENSOR; b) fails to rectify, within the time prescribed, any defect as may be pointed out by the LICENSOR. c) goes into liquidation or ordered to be wound up. d) is recommended by TRAI for termination of LICENSE for non-compliance of the terms and conditions of the LICENSE. e) fails to comply with FDI norms. 9.3 LICENSEE may surrender the LICENSE, by giving notice of at least 60 Calendar days in advance. In that case it shall also notify all its customer of consequential withdrawal of SERVICE by sending a 30 Calendar days notice to each of them. The LICENSEE shall pay all fees payable by it till the date on which the surrender of the LICENSE becomes effective. The effective date of surrender of License will be 60 Calendar days counted from the date of receipt of such notice by the licensor. 9.4 The LICENSOR reserves the right to revoke the LICENSE at any time in the interest of public by giving a notice of 60 Calendar days from the date of issue of such notice. 9.5 The licensor reserves the right to take over the entire services, equipments and networks of the licensee or revoke/terminate/suspend the license in the interest of public or national security or in the event of national emergency/war or law intensity conflict or similar type of situations. Further, the LICENSOR reserves the right to keep any area out of the operation zone of the SERVICE if implications of security so require.

Suspension, Revocation or Termination of License. 9.1 7.1 LICENSOR shall have the right to revoke/terminate/suspend the LICENSE either in part or whole of the Service area in the interest of national security or in case of emergency or war or low intensity conflict or any other eventuality in public interest as declared by the Government of India. Provided any specific orders or direction from the Government issued under such conditions shall be applicable to the LICENSEE and shall be strictly complied with. No License Fee shall be payable for the period for which the operation of this LICENSE remains suspended under this condition. Provided that the LICENSOR shall not be responsible for any damage or loss caused or arisen out under this condition. Provided further that the suspension of the LICENSE under this condition shall not be a cause or ground for extension of the period of the LICENSE and suspension period shall count as part of the period of licence. 9.2 7.2 The LICENSOR may, without prejudice to any other remedy available for the breach of any conditions of LICENSE, by a written notice of 60 Calendar days from the date of issue of such notice to the LICENSEE at its registered office, terminate this LICENSE under any of the following circumstances : If the LICENSEEcircumstances: a) fails to perform any obligation(s) under the LICENSE including timely payments of fee and other charges due to the LICENSOR; b) fails to rectify, within the time prescribed, any defect as may be pointed out by the LICENSOR. c) goes into liquidation or ordered to be wound up. d) is recommended by TRAI for termination of LICENSE for non-compliance of the terms and conditions of the LICENSE. e7.3 For consideration of termination of License under Clause 7, the Licensee would be required to: (i) fails to comply with FDI normspay all its dues (License fee and WPC charges) in terms of the License Agreement till the proposed date of termination as per self-assessment. 9.3 (ii) pay a security deposit, which would be refunded after adjustment of the dues in terms of the License Agreement after final settlement of the company's account. The amount of security deposit should be equal to 50% of the highest annual license fee plus WPC charges paid by the licensee during the last three years, calculated on pro-rata basis for the period for which Audited accounts and other documents are not made available to the satisfaction of the Licensor. (iii) provide an undertaking that DOT shall be free to invoke any other remedy for realization of any other outstanding dues from the company in the form of Indemnity Bond. 7.4 On compliance of Clause 7.3 by the Licensee, the Bank Guarantee would be returned by the Licensor consequent upon termination of license under Clause 8. 7.5 LICENSEE may surrender the LICENSE, by giving notice of at least 60 Calendar days in advance. In that case it shall also notify all its customer of consequential withdrawal of SERVICE by sending a 30 Calendar days notice to each of them. The LICENSEE shall pay all fees payable by it till the date on which the surrender of the LICENSE becomes effective. The effective date of surrender of License will be 60 Calendar days counted from the date of receipt of such notice by the licensor. 9.4 7.6 The LICENSOR reserves the right to revoke the LICENSE at any time in the interest of public by giving a notice of 60 Calendar days from the date of issue of such notice. 9.5 7.7 The licensor reserves the right to take over the entire services, equipments and networks of the licensee or revoke/terminate/suspend the license in the interest of public or national security or in the event of national emergency/war or law low intensity conflict or similar type of situations. Further, the LICENSOR reserves the right to keep any area out of the operation zone of the SERVICE if implications of security so require.

Suspension, Revocation or Termination of License. 9.1 7.1 LICENSOR shall have the right to revoke/terminate/suspend the LICENSE either in part or whole of the Service area in the interest of national security or in case of emergency or war or low intensity conflict or any other eventuality in public interest as declared by the Government of India. Provided any specific orders or direction from the Government issued under such conditions shall be applicable to the LICENSEE and shall be strictly complied with. No License Fee shall be payable for the period for which the operation of this LICENSE remains suspended under this condition. Provided that the LICENSOR shall not be responsible for any damage or loss caused or arisen out under this condition. Provided further that the suspension of the LICENSE under this condition shall not be a cause or ground for extension of the period of the LICENSE and suspension period shall count as part of the period of licence. 9.2 7.2 The LICENSOR may, without prejudice to any other remedy available for the breach of any conditions of LICENSE, by a written notice of 60 Calendar days from the date of issue of such notice to the LICENSEE at its registered office, terminate this LICENSE under any of the following circumstances : If the LICENSEE:circumstances a) fails to perform any obligation(s) under the LICENSE including timely payments of fee and other charges due to the LICENSOR; b) fails to rectify, within the time prescribed, any defect as may be pointed out by the LICENSOR. c) goes into liquidation or ordered to be wound up. d) is recommended by TRAI for termination of LICENSE for non-compliance of the terms and conditions of the LICENSE. e7.3 For consideration of termination of License under Clause 7, the Licensee would be required to: (i) fails to comply with FDI normspay all its dues (License fee and WPC charges) in terms of the License Agreement till the proposed date of termination as per self assessment. 9.3 (ii) pay a security deposit, which would be refunded after adjustment of the dues in terms of the License Agreement after final settlement of the company's account. The amount of security deposit should be equal to 50% of the highest annual license fee plus WPC charges paid by the licensee during the last three years, calculated on pro-rata basis for the period for which Audited accounts and other documents are not made available to the satisfaction of the Licensor. (iii) provide an undertaking that DOT shall be free to invoke any other remedy for realization of any other outstanding dues from the company in the form of Indemnity Bond. 7.4 On compliance of Clause 7.3 by the Licensee, the Bank Guarantee would be returned by the Licensor consequent upon termination of license under Clause 8. 7.5 LICENSEE may surrender the LICENSE, by giving notice of at least 60 Calendar days in advance. In that case it shall also notify all its customer of consequential withdrawal of SERVICE by sending a 30 Calendar days notice to each of them. The LICENSEE shall pay all fees payable by it till the date on which the surrender of the LICENSE becomes effective. The effective date of surrender of License will be 60 Calendar days counted from the date of receipt of such notice by the licensor.till 9.4 7.6 The LICENSOR reserves the right to revoke the LICENSE at any time in the interest of public by giving a notice of 60 Calendar days from the date of issue of such notice. 9.5 7.7 The licensor reserves the right to take over the entire services, equipments and networks of the licensee or revoke/terminate/suspend the license in the interest of public or national security or in the event of national emergency/war or law intensity conflict or similar type of situations. Further, the LICENSOR reserves the right to keep any area out of the operation zone of the SERVICE if implications of security so require.