4.

That the Foundation shall undertake the billing with regard to the diagnostic tests conducted by
it/technical consultant as per rates decided by its Board of Directors from time to time and shall
maintain proper accounts of its income & expenditure.
6. That it has further been mutually agreed between the parties that such arrangement qua the
running/management of the diagnostic centre under the present Agreement shall continue to be in
force so long as the Second Party/Foundation is able to fulfill the objective of this Agreement/MOU.
7. That it has also been mutually agreed between the parties herein that in the event of any party being
inclined to terminate this Agreement, it may do so after giving six month(s) prior notice in writing to
that effect to the other party.
8. That the electricity & water charges for the said premises will be paid by the Foundation to the
Gurdwara as per the reading recorded in the separate sub-meters to be installed in the said premises.
9. That neither Party shall make any public disclosure pertaining to the terms & conditions of this
Agreement without obtaining prior written consent from all the other Parties, unless such disclosure is
mandated by any law in force or a legal direction. In the event of such disclosure being made in
compliance of any law or a legal direction, the party making such disclosure shall intimate the fact of
such disclosure along- with the attendant circumstances to the party(s) concerned immediately, and in
no case later than five days from it making such disclosure.
12. That the Foundation undertakes and assures the Gurdwara that it shall not do anything which is
impermissible or is prohibited under the law or is in contravention of any applicable laws, bye- laws,
rules, regulations or a lawful order(s) of the Central/State/Local Government or authority(s).
Moreover, the Foundation hereby expressly undertakes to keep the Gurdwara indemnified against any
civil or criminal liability arising from the management of the diagnostic centre.
14. That the Foundation unequivocally undertakes not to create any right and/or interest whatsoever,
in favour of any of it’s associates(s) and/or of a third- party, with respect to the impugned
arrangement made under this Agreement, including by way of loan, lien, charge qua the said
diagnostic centre and/ or its equipment etc.
15. That the Gurdwara as well as the Foundation, their office- bearers, employees or any person(s)
authorized by them in this regard shall have the right of entry & inspection of the said premises at any
reasonable time for which the Foundation shall have no objection whatsoever.
16. That this Agreement between the parties herein is being executed at Delhi. Further, the proposed
diagnostic centre, which is the subject- matter of this Agreement, is also located at Delhi. As such, the
courts of law at Delhi alone have the territorial jurisdiction to entertain & adjudicate any dispute
arising out of this Agreement.
17. That in the event of any dispute(s) arising out of this Agreement, the same shall mutually be
referred by the parties herein for adjudication and/ or resolution of such dispute(s) through arbitration,
to be conducted by Mr. Justice H. R. Malhotra (Retd.), Former Judge, High Court of Delhi, by way of
a reasoned award in terms of the provisions of the Arbitration and Conciliation Act, 1996 (as
amended).