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To
The President of India
Acting through The Telegraph Authority
In consideration of the President of India acting through the
Director/ADG, TERM Cell (.......................) Department of
Telecommunications (DoT), Government of India, ........................................................................
(office address) (hereinafter called the ‘Authority’) having issued
Registration for Domestic/International OSP to M/s. ………………….……….. having it’s registered office
at …………………………………………. (hereinafter
called ‘OSP’) to establish, maintain and operate Domestic/International
OSP Center and the OSP having agreed to the terms and condition of the
agreement for “Work From Home” facility
(hereinafter called ‘the facility’) for OSP’s Domestic/International OSP centre
at …………………………... (give location address of the registered OSP centre) to be
executed between Authority and OSP along with the terms and conditions of the
‘Other Service Provider category’, appended in the schedule thereto (hereinafter
called the ‘Agreement’) which, inter-alia, provides for production of a Bank Guarantee
to the extent of Rs 1,00,00,000/-
(Rupees One Crore only) by way of security for due observance and
performance of terms and conditions contained therein. We …………………….. (indicate
the name and address and other particulars of the Bank) (hereinafter referred
to as ‘Bank’) at the request of the OSP hereby irrevocably and unconditionally
guarantee to the Authority that the OSP shall abide by the terms and
conditions as contained in the Agreement.
2. We, the Bank,
hereby undertake to pay to the Authority an amount not exceeding Rs. 1,00,00,000/- (Rupees One Crore only)
against violation of the agreement and/or the terms and conditions of the
‘Other Service Provider Category’ by reasons of any failure of the OSP to
abide by any terms and conditions of the Agreement, including modifications
thereof from time to time.
3. We, the
Bank, hereby further undertake to pay as surety such sum not exceeding Rs 1,00,00,000/-(Rupees One Crore
only) without demur to the Authority immediately on demand that the amount
claimed is due on account of failure of OSP to abide by the terms and
conditions of the Agreement.
4. WE, THE BANK
, DO HEREBY DECLARE AND AGREE that the decision of the Authority as to whether
OSP has failed to abide by any terms and conditions of the Agreement and as to
the amount payable to the Authority by the Bank hereunder shall be final and
binding on us.
5. WE, THE BANK,
DO HEREBY DECLARE AND AGREE that the
a) Guarantee
herein contained shall remain in force and effect for a period of three years from the date hereof or
till the validity of the Agreement whichever is later.
b) The Authority shall have the
fullest liberty without our consent and without affecting in any manner this
agreement or obligations hereunder to vary any of the terms and conditions for Other Service
Provider category or the terms and conditions of the Agreement or to extend
time of performance of any obligations by the said OSP from time to time or to
postpone for any time or from time to time any of the powers exercisable by the
Authority against the said OSP and to forbear or to enforce any of the terms
and conditions relating to the Other Service Provider category or the said
terms and conditions of Registration and we shall not be relieved from
our liability by reason of any variation or extension being granted to the said
OSP or forbearance act or omission on the part of the Authority or any indulgence
by the Authority to the said OSP or to give such matter or thing whatsoever
which under the law relating to sureties would but for this provision, have
effect of so relieving us.
c) Any claim which we have
against the OSP shall be subject and subordinate to the prior payment and
performance in full of all the obligations of us hereunder and we will not
without prior written consent of the Authority exercise any legal right or
remedy of any kind in respect of any such payment or performance so long as the
obligations of us hereunder remains owing and outstanding.
d) This Guarantee will not be discharged due
to the change in the constitution of the Bank or the OSP.
Dated……..day………………… for
….……………..……………
(name of the Bank)
Witness :
1…………………………………….
2. …………………………………...
DoT License & Compliance Advisory
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