Document Fragment View

Matching Fragments

6. Attention of this Court has been drawn to the Channel Placement Agreement dated 22nd September, 2023, and in particular to Clause 1, which reads as under:

"1. In consideration of the Channel Provider, paying the Consideration as further defined in Clause 4 herein below, the MSO hereby undertakes to position the Channels for the Digital head-end distribution area, more particularly as set out in Schedule A (the "Territory") and in accordance with the terms of this Agreement (as more fully set out herein; in the "Services").
Signature Not Verified Digitally Signed W.P.(C) 8728/2024 & other connected matters Page 9 of 17 By:AMAN UNIYAL Signing Date:29.06.2024 19:35:57
a. The MSO shall position the Channels as required by the Channel Provider at an LCN Number more particularly as set out in Schedule B. b. The MSO hereby undertakes not to alter or downgrade the Channel's LCN position as regards the Committed LCN number, except as provided under this Agreement. If at any time any alteration in the Committed LCN Number is deemed unavoidable due to any order or direction of any competent authority or a court of law or tribunal or due to mandate of any law, notification or DAS and TRAI regulations, the MSO shall place the Channel on any other mutually acceptable LCN number which is not less favourable than the Committeed Number, and such modified number shall also be referred to herein as the Committeed LCN-Number".

c. The MSO shall place the Channel as broadcast by the Channel Provider without any editing, delays, interruptions, additions, cuts, deletions, superimpositions, or modifications of any nature whatsoever. Provided that in the event the Channel is suspended or withdrawn for whatever reasons other than Force Majeure events as described in Clause 9 hereunder, for a continuous period of more than twenty four (24) hours, the MSO may, at its option, place any other signals of its choice on the Committed Number for a temporary period, but the MSO shall immediately upon the Channel being restored, restore the signals of the Channels on the Committed Number and resume performance of its obligations hereunder as if, there was no interruption. No consideration shall be levied/paid during such non-transmission period.

"6. TERM AND TERMINATION:
a. This Agreement shall come into force on 01st September 2023 and shall expire twelve (12) Month's thereafter, i.e., 31st August 2024 (the "Term").
b. This Agreement shall be terminated on the occurrence of any of the following events:
i. In the event the Parties cannot agree upon a revision to the Consideration under clause 4(f) hereinabove. ii. Default in any payment due and payable by the Channel Provider to the DAS licenses MSO for a period in excess of thirty (30) days from the date on which it became due and payable by providing 21 days' notice to the Channel Provider iii. By either Party, in the event of Force Majeure conditions prevail for a continuous period exceeding sixty (60) days, preventing the MSO from providing the Services or the Channel Provider from broadcasting the Channel. iv. By the Channel Provider with immediate effect, in the event the MSO defaults in the provision of the Services or any other provision of this Agreement and fails to cure such default within Sixty (60) days of receipt of written notice thereof to the MSO;