Clause 27. 02 above shall not exclude an Employee from sick leave benefits for periods of absence resulting from an accident which is not compensable under the Workers' Compensation Act.
Clause 27. 3. As per terms of article 113 of Law No. 9,472 of 1997, takeover is considered to be the retaking of the service by Anatel during the concession period, in face of an extraordinary reason in the public interest, against specific authorizing law and preceded by the payment of indemnity.
Clause 27. 4. The present Contract may have its caducity declared by act of the Director Council of Anatel, preceded of an administrative law suit that assures full right of defense to the Concessionaire, in the hypotheses of: I – transfer of partnership control, merger, separation, transformation of the Concessionaire or even incorporation or reduction in its capital stock without the previous approval of Anatel; II – irregular transfer of the Contract; III – non fulfillment of the transfer commitment referred to in clause 19.1 and in article 87 of Law No. 9,472 of 1997; IV – bankruptcy or dissolution of the Concessionaire; V – non fulfillment of the requirements of the coverages by insurance plans as an affront to the obligations foreseen in clause 24.1 and such omission cannot, at Anatel’s criterion, be supplied with the intervention; VI – when, in the terms of article 114, item IV, of Law No. 9,472 of 1997, there occurs any of the hypotheses foreseen in clause 28.1 and, at Anatel’s criterion, the intervention is considered to be inconvenient, hindering or even unfairly beneficial to the Concessionaire, and VII – non fulfillment of the universalization goals contained in the PGMU approved by Decree No. 2592 of May 15, 1998. Paragraph 1st. The intervention will be considered uncalled for when the demand for the service object of the concession can be met, against permission, by other providers in a regular and immediate way.
Clause 27. 5. The Concessionaire shall be entitled to contractual termination, either amicable or judicial, when, due to action or omission by the Government, the enforcement of the agreement becomes excessively onerous, pursuant to article 115 of Law No. 9,472 of 1997.
Clause 27. 2 shall not apply to:
Clause 27. 6.1 will not come into effect:
Clause 27. 12.2 shall not apply to the extent that the indemnity payment in respect of which the Lender claims reimbursement relates to a liability of the Agent or the Security Agent to an Obligor.
Clause 27. Redundancy
Clause 27. 1 will not apply if and to the extent that it is or would be unenforceable by reason of breach of (i) any provision of Council Regulation (EC) No 2271/96 of 22 November 1996 (or any law or regulation implementing such Regulation in any member state of the EEA or the United Kingdom) or (ii) any similar blocking or anti-boycott law.
Clause 27. 5. The Concessionaire shall be entitled to contractual termination, either amicable or judicial, when, due to action or omission by the Government, the enforcement of the agreement becomes excessively onerous, pursuant to article 115 of Law No. 9,472 of 1997. Sole paragraph. The introduction or expansion of competition among the several providers of the service subject to this concession shall not be deemed as grounds for contractual termination, and it is certain that the Company, upon assuming this concession, is aware that it will exercise activities without any market reserve or exclusivity.
