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FACILITATION AGREEMENT

This Agreement is executed on 26th April 2016 by Plan My Medical Trip Pvt.
Ltd. and between

FORTIS HEALTHCARE LIMITED, a company incorporated under the laws of


India and having its registered office at Escorts Heart Institute and Research
Centre, Okhla (hereinafter referred to as “FHL”, which expression shall unless
repugnant to the context or meaning thereof include its successors and assigns)
OF THE FIRST PART;

AND

Plan My Medical Trip Pvt. Ltd incorporated under the laws of India and
having office at Model Colony, Shivaji Nagar ,Pune through its director,
ANURAV RANE hereinafter referred to as ‘Facilitator” which expression, unless
repugnant to the context hereto, shall mean and include its successors and
permitted assigns) OF THE SECOND PART.

(First Party and Second Party may be hereinafter individually referred to as 'Party'
and collectively as 'Parties').

WHEREAS FHL directly and through its associates, affiliates and partners is
engaged in the business of running and operating multi and super specialty
hospitals in various locations in various cities in India (“Fortis Hospitals”) and is a
pioneer in the field of Medicare

AND WHEREAS FHL, in order to extend the benefits of Superspeciality Care and
related services and facilities to patients in the international territories of Middle
East, (“Territory”) has agreed to appoint the Facilitator as an independent
consultant and that the Facilitator has agreed to accept the appointment on the
terms and conditions herein contained.

NOW THEREFORE, the Parties mutually agree as follows:

1 Subject to the provisions of this Agreement, FHL hereby appoints the


Facilitator and the Facilitator hereby accepts its appointment, as an
independent consultant and representative, on non-exclusive basis, to
provide the services and perform the duties and obligations, as set forth
hereinafter, in India and overseas. It is understood further that this
Agreement does not confer any exclusive right on the Facilitator to market /
represent FHL in the Territory. FHL expressly reserves its right to appoint
other parties as Consultants or Representatives, to perform all or any of the
services and / or offer such services directly in the Territory. The Facilitator
acknowledges that the Facilitator is not a general agent to FHL, and its
authority is limited to the acts, deeds, matters and things expressly
authorized by this Agreement. The Facilitator shall not hold out or
represent itself as a representative of FHL except to the extent expressly
authorized by this Agreement.

2 This Agreement shall come into effect from the date of execution, and unless
terminated earlier, and shall remain in force for [24] months. On the expiry
of the term of this Agreement, the Parties hereto may by mutual consent in
writing extend the term of this Agreement, for such further period or
periods and on the terms as may be agreed to between the Parties in
writing.

3 The Facilitator agrees with FHL that it shall offer its services on Non
Exclusive basis to FHL.

4 The Hospitals falling under the ambit of “Fortis Hospitals” for the purposes
of this Agreement along with the name of the relevant entities running the
Fortis Hospitals in which a patient may be potentially admitted (“Fortis
Hospital Entities”) is attached herewith as Annexure A

5 Duties and Obligations of the Facilitator :

5.1 Facilitator shall take all necessary steps to disseminate information to the
prospective patients of FHL in the Territories, in one or more of the
following ways:
(a) Awareness through local Press (Interviews / Write-ups of Facilities /
Doctors at FHL); through Indian High Commissions / Embassies
(subject to their consent);
(b) Co-ordinate interaction with leading Hospitals and Super Specialist
Doctors in the territory.
(c) To advertise through Websites, medical journals, business associations,
Corporate Institutions, Government Health Department and Individual
Healthcare Units.
(d) Through all its offices / outlets in India and overseas and network of
foreign travel partners.
(e) Co-ordinate roadshow, seminars, conferences, medical health fairs,
travel marts and press meets in India and overseas. The
representatives of FHL shall also be allowed to participate in these
events.
Provided that the expenses towards airfares and hotel accommodation
incurred for the representatives of FHL shall be borne by FHL.
All expenses incurred in the process of identifying Patients and
disseminating information shall be borne by the Facilitator. Facilitator shall
also bear the charges on advertisements and promotional material like
preparation of brochures, Multimedia presentation etc. and expenses
incurred in respect of meeting its above obligations. In the event Facilitator
wishes to use the Fortis logo or name on any publicity material otherwise it
shall do so only with the prior written approval of FHL and subject to such
terms and conditions that FHL may impose.

5.2 To arrange consultations with the concerned Doctors of FHL either in


person, by phone, e-mail, tele-conferencing or video-conferencing.

5.3 To organize travel of patients to the Fortis Hospitals and to co-ordinate the
same with the concerned Fortis Hospitals. Facilitator shall give reasonable
advance intimation in writing to FHL and/or the Fortis Hospital of the date
of the patient’s arrival to FHL.

5.4 The Facilitator warrants and represents that :-


(a) It has all necessary Statutory and Regulatory permissions, approvals and
permits for the running and operation of its establishments and for the
conduct of its operations, more particularly as provided in the Agreement.
(b) It is in compliance of all Laws, Regulations and Rules in the conduct of its
business and running of its business establishments. The Facilitator shall
observe and comply with all applicable laws and regulations, as may be
applicable in India and the Territory, in offering and / or performing its
services in terms of the Agreement.
(c) The Facilitator shall promptly notify FHL in writing, if the Facilitator is in
breach, or likely to be in breach of any of its obligations, covenants, duties,
representations or warranties under this Agreement. The Facilitator shall
indemnify and keep indemnified FHL, Fortis Hospitals and Fortis Hospital
Entities and their Directors, shareholders, doctors and professionals,
employees and agents (collectively the “Indemnified Persons”), from and
against all and any loses, damages, liabilities, costs, expenses and charges
incurred or imposed or suffered by the Indemnified Persons as a result of
any action by a Statutory or Regulatory Authority in India and overseas
arising out of non-compliances of Laws, Rules or Regulations in the running,
operation and conduct of its services by the Facilitator, under this
Agreement.

5.5 If the Facilitator wishes to go for any advertisement campaign in local


newspapers or visual media or print media, such advertisement shall be
released only after pre-publication review and approval by FHL with respect
to and including content, style, appearance, composition, timing and media.
The Facilitator shall not use FHL logo / name on any publicity material or
otherwise without FHL’s written consent. It shall be the sole responsibility
of the Facilitator to ensure that such advertisement campaign conforms fully
to all applicable laws and regulations. The Facilitator acknowledges that
approval by FHL of such advertisement campaign shall not in any way
absolve the Facilitator of its obligations under the Agreement.

5.6 Facilitators shall at all times be responsible for compliance with local laws of
the concerned country/ state/ city.

5.7 The Facilitator agrees to provide and maintain the following facilities in
respect of performing the services under this Agreement:-
(a) Prominent signage of FHL outside the Information Centre and at all
platforms of promotions mutually agreed or decided by either party in
writing, provided it is in the interest of arrangement envisaged herein
this Agreement. The brochures, banners, posters and CDs to be used
for promotions by the Facilitator shall be co-branded with the name
and logos of FHL and the Facilitator subject to prior written approval
of FHL.
(b) Communications – One Computer with Printer, Internet connection and
Two Telephones, ISDN Connection to be installed for Video-
conferencing.

5.8 The Facilitator shall keep secret and confidential, and will not disclose,
directly or indirectly to third Party, both during the tenure of this Agreement
and after its termination, the terms of this arrangement, all information
including any trade secret, information, technology, technical or marketing
know-how or any other services / medical related information, patient data
and information, disclosed by FHL or the patients and acquired by the
Facilitator under this Agreement or otherwise.

5.9 The Facilitator shall issue an Introductory Letter to patients introduced by


the Facilitator to FHL and shall advise the patients to carry such
Introductory Letter with them, at the time of enrolment .admission at FHL
Hospitals for availing medial services and treatment. The Facilitator shall
further ensure that the Patients duly fill up the International Patient
Registration Form, International Patient Declaration Form and
Authorization Form (collectively “Forms and Consent”) The duly executed
Forms and Consent by the Patient shall be handed over at prior admission in
the Fortis Hospitals along with a copy of the Introductory Letter from the
facilitator

5.10
All patients referred by the Facilitator must carry an Introductory Letter, to
FHL or the Fortis Hospitals. Facilitator shall periodically update on the post
operative care of the patients
Where any consumer complaints are filed by any patients against FHL
doctors or doctors at the Fortis Hospitals, the Facilitator shall assist FHL /
doctor or Fortis Hospital doctors in settling / defending the complaints.

5.11 The Facilitator shall not waive, or consent to any modification of, any terms
or conditions applicable to patients treated in the Fortis Hospitals, for the
patients referred by the Facilitator, without the prior consent of FHL.

5.12 Facilitator shall manage complete travel arrangements of Patients at its cost
or at the cost of the Patient and ensure procurement of local approvals /
permits / visas in India for sending the patient as also his return to the
hometown.

5.13 Facilitator shall ensure that high level of ethical standards are maintained
and followed by its employees during the subsistence of this Agreement.
Facilitator undertakes and agrees that they shall not misrepresent to the
patient or to FHL. Facilitator shall always do the honest and bonafide
dealing with the patients.

5.14 The Facilitator shall abide by the terms and conditions stipulated or
prescribed by FHL or applicable to the service offered by FHL or the Fortis
Hospitals or the Hospitals owned by Fortis Hospital Entities and shall not
deviate from such terms and conditions, without prior written consent of
FHL.

6. Facilitation Fees & Payment Terms

(a) FHL and/or the Fortis Hospital Entities (owning the Fortis Hospital in which
a patient referred by the Facilitator has been admitted) shall pay to the
Facilitator @ 15% on the entire inpatient treatment bill, subject to
deduction of taxes as per applicable Indian Laws (“Fees”). The Facilitator
shall invoice FHL and/or the relevant Fortis Hospital Entities based on the
agreed fee structure. The fee may vary from time to time by mutual
agreement. The said Fee shall be paid once in a month, after receiving bills
for the preceding month from the Facilitator giving details of patients
referred and upon verification of the same by FHL and/ or the Fortis
Hospital Entities and only after full and final settlement and payment of the
treatment costs by the patient to Fortis and/or the Fortis Hospital Entities in
which a patient has been admitted. Payments are to be made by Electronic
Transfer / other permissible mode to the Facilitator. The Facilitator will
give details of patients referred on a regular monthly basis by the issuing of
statements. The fee structure may vary from one region to another, which
would be communicated from time to time.

(b) It is agreed between the Parties that FHL shall pay Fees to the Facilitator
subject to the patient paying full amount to the FHL.
(c) The Remittances / Payments and other terms of this Agreement are subject
to the permissions, if any, required from the concerned Indian Regulatory
Authorities and shall be subject to applicable Indian Laws.

7. Patient Referral
7.1 The Facilitator shall assimilate details of the medical history of the
patients to be referred for treatment at FHL or Fortis Hospitals and
confirm by a report authenticated by the Patient’s Doctor in his / her
country of residence.

7.2 This report shall be forwarded at least 10 days prior to the arrival of
patient in India to FHL and FHL shall ensure verification of the same by
the Doctor in charge of treating the patient and send its observation /
comments, if any, to the Facilitator within 10 days of receipt of the
report along with the cost estimate for the treatment required by the
patient.

7.3 Upon arrival of FHL, the patient shall be thoroughly examined by the
Doctor(s) at the relevant Fortis Hospitals. The Surgery/Procedure would
be performed depending upon the patient’s condition. If the surgery /
procedure cannot be performed due to patient’s condition at that time,
the patient shall return to his / her country at his / her own expense /
cost. The above mentioned Letter of Consent executed by the patient,
shall specifically provide for this disclaimer.

7.4 Fortis Hospitals shall offer IPD / OPD services to the patients referred by
Facilitator.

7.5 Admissions of the patients to Fortis Hospitals will depend on the


requirements for such admission, as assessed by the concerned
Doctor(s) at the relevant Fortis Hospitals. Admission of patients at
Fortis Hospital shall be in accordance with prevailing terms and
conditions of Fortis Hospitals.

8. Payment Procedure

8.1 Facilitator shall inform the patients that:

(a) Payment to FHL and / or Fortis Hospital Entity for the service of the
treatment / services availed by Patient admitted at the relevant Fortis
Hospitals shall be made directly by the patients, and FHL or Fortis Hospital
Entity shall collect the payments at the time of admission of the patient.
FHL’s and “Fortis Hospital Entities” charges shall be based on the rates
applicable on the date of Bill raised on the patient. FHL and / or Fortis
Hospital Entities shall not be under obligation to offer any discount to the
patients referred by the Facilitator. The rates are subject to change without
notice.
(b) Visits of the FHL’s, Fortis Hospital Entities and In-house Consultants will
not be charged separately. However, if any outside consultants are called
for consultation / treatment, their visits / rates will be extra.
(c) Actual estimates for care cannot be accurately provided until the patient
has been thoroughly examined by the Fortis Hospital doctors. The cost
estimates provided are based upon the condition of the patient’s ailment as
disclosed by him / her and the report of his / her local doctor in the country
of his / her residence, and do not represent a minimum or maximum
potential cost.
(d) That Contingency Expenses shall be borne by the patients.
Contingency Expenses – Any additional expenditure resulting from FHL/
Fortis Hospital Entity undertaking certain additional measures in the Fortis
Hospitals (other than those already indicated to the patient and / or his / her
family members / relatives / friends making the booking on behalf of the
patient for his / her admission to Fortis Hospitals) required for the welfare
and benefit of the patient, including but not limited to any complications
during the treatment or post treatment, overstay, emergency, new findings
prior to, during or post treatment, fresh investigation or equipment use
required, medical escort and equipment required to escort patient back to
his / her home country.

8.2 If the patient is covered under a medical insurance cover, for securing the
payment of Contingency Expenses, the Facilitator shall arrange to send to
the relevant Fortis Hospital, a written confirmation from patient’s Insurance
Company, which shall set out the guidelines and amount of payment under
the Insurance cover.

8.3 Any amendment or variation to this Agreement and its Annexure must be in
writing and signed by an authorized representative of each party.

9 Termination –
9.1 This Agreement may be terminated:

(i) by FHL forthwith upon written notice to the Facilitator in the event of
a material breach of the provisions, including without limitation the
representations and warranties of the Facilitator of this Agreement
("Breaching Party"), which breach has not been remedied by the
Breaching Party within 21 days of receipt of written notice requiring
remedy of the such breach;

(ii) by either Party forthwith upon written notice to the other Party, if any
proceedings under any law relating to insolvency are commenced
against the other Party or if any Party makes an application under
any such law for being adjudged/declared an insolvent;

(iii) By FHL upon one months notice.

9.2 The right of either Party to terminate this Agreement will be in addition to
any other remedies it may have. All remedies to either Party under this
Agreement are cumulative and not alternative and may be enforced
successively or concurrently.

9.3 Expiry/termination of this Agreement will be without prejudice to any rights


that either Party may have accrued against the other prior to termination.

10. DISPUTE RESOLUTION AND GOVERNING LAW

10.1 In case of any difference or dispute arises between the Parties herein, the
dispute shall be referred to the sole arbitration of the COO of First Party and
the decision of the arbitrator shall be final and binding between the Parties.

10.2 Subject to provisions of Article 10.1 above, the Courts in Mumbai shall have
exclusive jurisdiction on any matter arising out of this Agreement.

11. MISCELLANEOUS
11.1 Assignment

This Agreement shall not be assigned by either Party without the prior
written consent of the other Party.

11.2 Performance & Waiver

The failure of either Party to require the performance by the other Party of
any of the terms of this Agreement shall not affect that Party's right to
enforce such term or terms at some later time, and the waiver by either
Party of any breach of any provision of this Agreement shall be in writing
and shall not be deemed to be a waiver of any subsequent breach of such
provision.

11.3 Relationship

(i) Second Party, in the performance of this Agreement, shall be and act
as an independent contractor. No provision of this Agreement shall be
deemed to constitute a partnership or joint venture between the
Parties.
(ii) No provision of this Agreement shall constitute either Party as the
legal representative or agent of the other, nor shall either Party have
the right or authority to assume, create or incur any liability or any
obligation of any kind, express or implied, against or in the name of or
on behalf of the other Party except as provided expressly under this
Agreement.

11.4 Amendment

This Agreement may not be amended or modified except by an instrument in


writing signed by the Parties hereto.

11.5 Severability

If any of the provisions of this Agreement become invalid, illegal or


unenforceable in any respect under any Applicable Law, the validity, legality
and enforceability of the remaining provisions shall not be affected or
impaired in any way.

11.6 Notices

Any notice required or permitted to be given hereunder shall be in writing


and shall be effectively served (i) if delivered personally, upon receipt by the
other Party; (ii) if sent by prepaid courier service, airmail or registered mail,
within five (5) days of being sent; or (iii) if sent by facsimile or other similar
means of electronic communication (with confirmed receipt), upon receipt of
transmission notice by the sender. Any notice required or permitted to be
given hereunder shall be addressed to the address as given in the title to
this Agreement.

Any Party hereto may change any particulars of its address for notice, by
notice to the other in the manner aforesaid.

11.7 Violation of Terms

The Parties agree that each Party shall be entitled to an injunction, restraining
order, right for recovery, suit for specific performance, or such other equitable
relief as a court of competent jurisdiction may deem necessary or appropriate
to restrain the other Party from committing any violation or enforce the
performance of the covenants, obligations and representations contained in this
Agreement. These injunctive remedies are cumulative and are in addition to any
other rights and remedies the Parties may have at law or in equity, including
without limitation, a right for recovery of the amounts due under this
Agreement and related costs and a right for damages.

IN WITNESS WHEREOF, the Parties by their duly Authorized Representatives


have executed this Agreement on the day first above written

For: Fortis Healthcare Ltd.

Name: Vineesh Ghei

Title : Head Sales & Marketing


Annexure: A

1. Fortis Hospital, Mohali


Sector 62, Phase –VIII, Mohali 160 062, Punjab
Tel: 91-172-5096222, Fax: 5096221

2. Fortis Hospital – Gurgaon


Opp. to Huda City Metro Station, Sec-29, Gurgaon Haryana
Tel: +91 124 438 6666; Fax: +91 124 496 2222

3. Fortis Hospital, Noida


B-22, Sector-62, Noida 201 301, Uttar Pradesh
Tel: 91-120-2400222, Fax: 91-120-2403222

4. Fortis La Femme
S-549, Greater Kailash Part-II, New Delhi- 110048
Tel: +91 011-41045104

5. Fortis Flt. Lt. Rajan Dhall Hospital


B-1, Aruna Asaf Ali Marg, Vasant Kunj, New Delhi-110070
Tel: + 91-11-42776222, Fax: + 91-11-42776221

6. Escorts Heart Institute & Research Centre


Okhla Road, New Delhi – 110025
Tel. +91 11 47135000

7. Fortis Jessa Ram Hospital


8-B Pusa Road, Karol Bagh, New Delhi -110005
Tel: +91 - 11 – 45013222

8. Fortis Hiranandani Hospital


Mini Seashore Road, Sector-10A, Vashi, Navi Mumbai-400703
Tel: 022-39199222 Fax: 022-39199221/20

9. Fortis Malar Hospital


52, First Main Road, Gandhi Nagar, Adyar Chennai- 600020.
Tel.: 044-24914023, 24914393, 42892222

10. Fortis Hospital, Shalimar Bagh


A Block (Near Kela Godown), Shalimar Bagh, New Delhi – 110 088
Tel No. 011- 45302222

11. Fortis C-Doc Healthcare


B-16, Chirag Enclave, (Opp. Nehru Place), New Delhi- 110048

12. Fortis S.L. Raheja Hospital


Raheja Rugnalya Marg, Mahim Mumbai -400 016

13. Fortis Escorts Hospital- Faridabad


Neelam Bata Road, N.I.T, Faridabad- 121001, Haryana, India
Tel: +91-129-24661000

14. Fortis Escorts Hospital, Amritsar


Majitha- Verka Bypass Road, Amritsar- 143004, Punjab, India
Tel: (0183) 2573900 to 09

15. Fortis Escorts Hospital, Jaipur


Jawahar Lal Nehru Marg, Malviya Nagar, Jaipur- 302017, Rajasthan, India
Tel: +91-141-2547000

16. Fortis Hospital, BG Road, Bangalore


154/9, Bannerghatta Road, Opposite IIM-B, Bangalore- 560076
Tel: +91-80-66214444/22544444, 9663367253

17. Fortis Hospital, CG Road, Bangalore


No. 14, Cunningham Road, Sheriffs Chamber, Bangalore- 560052
Tel: (080) - 4199-4444/9663367253

18. Fortis Hospital, Seshadripuram, Bangalore


No. 65 1st Main, Seshadripuram, Bangalore- 560020
Tel: +91- 080-4020000-99

19. Fortis Hospital, Mulund


Mulund Goregaon, Link Road, Mumbai- 400078
Tel: +91-22-67994187/ 67994100

20. Fortis Hospital, FHKI


111 A, Rashbehari Avenue, Kolkata- 700029
Tel: 033-66276800

21. Fortis Hospitals- Anandpur


730, Anandpur, Near Kolkata International School, EM By-pass Road,
Kolkata

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