ARTICLE - XVII

MISCELLANEOUS

 

17.1

Sever ability:

Each of the provisions contained in this agreement shall be sever able and the unenforceability of one shall not effect the enforceability of any other or of the remainder of this agreement.

17.2

Modification:

This agreement may not be amended, supplemented or otherwise modified except by an instrument in writing signed by both of the parties

17.3

Waiver

The failure of any party to enforce any condition or part of this agreement at any time shall not be construed as a waiver of that condition or part, for shall it forfeit any rights to future enforcement thereof.

17.4

Government Law and Jurisdiction

This Agreement shall be construed and enforced in accordance with and governed by the laws of India and subject to Clause 18.3, the parties hereby irrevocably submit to the exclusive jurisdiction of the appropriate Courts in Delhi.

17.5

Headings

The headings of the Articles and Clauses of this agreement are inserted for convenience only and shall not be deemed to constitute part hereof.

17.6

Counterparts

More than one counterpart of this agreement may be executed by the parties or different counterparts may be executed by different parties and all such counterparts shall be deemed originals and shall be deemed to be a single agreement.

17.7

Notices

All communications, notices and consents provided for herein shall be in writing and be given in person or by means of telex, telecopy or other wire Transmission (with request for assurance of receipt in a manner typical with respect to communications of that type)or by registered or certified mail, return receipt requested and shall become effective (a) on delivery if given in person, (b) on the date of transmission if sent by telex, telecopy or other wire transmission or (c) on receipt if sent by mail.

Notices shall be addressed as follows

If to BSES, to

Company Secretary
BSES Limited
BSES House
Santacruz (East)
Mumbai 400055

If to Holding Company to

Company Secretary
Delhi Power Company Limited
Shakti sadan,
Kotla Marg
New Delhi -110002

If to COMPANY to

Company Secretary
Central East Delhi Electricity Distribution Company Limited
Karkardooma
Delhi-110092

17.8

No Partnership etc:

Nothing in this Agreement and no action taken by the parties pursuant to this agreement shall constitute or be deemed to constitute a partnership between the parties nor constitute any party the agent of another party for any purpose

17.9

Unless the context otherwise requires, the terms used in this Agreement and not defined herein shall have the meaning as in the Share Acquisition Agreement.