Common use of CONTROL OF TECHNICAL OPERATIONS Clause in Contracts

CONTROL OF TECHNICAL OPERATIONS. During the first five (5) years of the CONCESSION, counted as from the CLOSING DATE, the CONCESSIONAIRE shall ensure that the OPERATOR exercises CONTROL OF TECHNICAL OPERATIONS of the CONCESSIONAIRE. Within the framework of the definitions of CONTROL OF TECHNICAL OPERATIONS, EFFECTIVE CONTROL and MINIMUM PARTICIPATION established in the present document, if any event of non-compliance with the obligations and limitations indicated in this subparagraph occurs, it shall be considered a cause for termination of the CONTRACT and the GRANTOR shall be entitled to revert the CONCESSION. The provisions set forth in subparagraphs a) and b) above shall not apply in the event that the status of SUCCESSFUL BIDDER, CONCESSIONAIRE and OPERATOR converge in the same legal entity that had concessions granted in Peru for a PUBLIC TELECOMMUNICATION SERVICE prior to this BID. In such cases, the provisions of Clause 17.1 shall apply. The CONCESSIONAIRE, with the prior written approval of the GRANTOR, may subcontract with third parties the execution of any or all of the activities included in the provision of the GRANTED SERVICE, subject matter of the CONCESSION, anywhere within the CONCESSION AREA, under the same conditions stipulated in this CONCESSION CONTRACT. The CONCESSIONAIRE may, without prior authorization from the GRANTOR, subcontract administrative activities related to the provision of the GRANTED SERVICE, such as logistics services, collections, commercial attention to SUBSCRIBERs and USERS, among others of the same nature, as well as the installation, maintenance and provision of infrastructure. Subcontracting does not exempt the CONCESSIONAIRE from complying with the obligations established in this CONTRACT, nor those established in the applicable rules.