Request for Proposal for e Ticketing Project - Archaeological Survey ...

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RFP for e-Ticketing Project Volume-III Information referred to in the above clause, Implementation Agency will ensure that A“Is rights as provided herein are preserved. m. ASI hereby grants to Implementation Agency a non-exclusive right and license to access and use the Project Proprietary Information solely for the purpose of providing Services to ASI. Such right and license shall terminate upon the expiration or termination of this Agreement. n. Upon the expiration or any termination of this Agreement (and also in respect of the SLA), Implementation Agency shall undertake the actions set forth below in this Article to assist ASI to procure replacement services equivalent to Services provided hereunder. (iii) The Implementation Agency undertakes to negotiate in good faith with ASI and any relevant Replacement Implementation Agency in respect of commercial terms applying to all Implementation Agency Intellectual Property Rights and which ASI and any relevant Replacement Implementation Agency require to enable them to provide or receive services substantially equivalent to the Services hereunder. (iv) In respect of Implementation Agencys usage of thid pat Itelletual Popet Rights, Implementation Agency undertakes to assist ASI to secure such consents or licenses from such third parties as are necessary to enable Project to receive services substantially equivalent to the Services hereunder. The obligations of the Implementation Agency under this Article shall be considered part of the services 5.8. Article VIII – Miscellaneous 5.8.1. Confidentiality b. The Implementation Agency recognizes that during the term of this MSA/ Agreement and the SLA, sensitive data will be procured and made available to it, its Sub contractors and agents and others working for or under the Implementation Agency. Disclosure or usage of the data by any such recipient may constitute a breach of applicable laws causing harm to the concerned Department. The function of ASI requires the Implementation Agency, its Subcontractors and agents to demonstrate utmost care, sensitivity and strict confidentiality. Any breach of this Article will result in ASI and its nominees receiving a right to seek injunctive relief and damages without any limit, from the Implementation Agency and/or also seek termination. c. IA agrees as to any Confidential Information disclosed by ASI or the SLA (the "Discloser") to this Agreement: Archaeological Survey of India, Ministry of Culture Page 38 of 91
RFP for e-Ticketing Project Volume-III (i) to take suh steps eessa to potet the A“Is Cofidetial Ifoatio from unauthorized use, reproduction and disclosure as the Recipient takes in relation to its own Confidential Information of the same type, but in no event less than reasonable care; and (ii) to use such Confidential Information only for the purposes of this Agreement or the SLA or as otherwise expressly permitted or expressly required by this Agreement or the SLA or as otherwise permitted by ASI in writing; and (iii) ot, ithout A“Is pio itte oset, to op the Cofidetial Information or cause or allow it to be copied, directly or indirectly, in whole or in part, except as otherwise expressly provided in this Agreement or the “LA, o as euied i oetio ith IAs use as peitted ude this Article, or as needed for the purposes of this Agreement or the SLA, provided that any proprietary legends and notices (whether of ASI or of a Third Party) are not removed or obscured; and (iv) Not, ithout A“Is pio itte oset, to dislose, tasfe, pulish o communicate the Confidential Information in any manner to any person except as permitted under this Agreement or the SLA. d. The restrictions of this Article shall not apply to Confidential Information that: (i) is or becomes generally available to the public through no breach of this Article by IA; and (ii) as i the IAs possessio fee of a oligatio of ofidee pio to the time of receipt of it by the IA hereunder; and (iii) is deeloped the IA idepedetl of a of A“Is Cofidetial Information; and (iv) is rightfully obtained by the IA from third parties authorized at that time to make such disclosure without restriction; and (v) is identified in writing by ASI as no longer proprietary or confidential; or (vi) is required to be disclosed by law, regulation or Court Order or under the Right to Information Act, or to be furnished to the Parliament and/or its Committees, provided that the IA gives prompt written notice to ASI of such legal and regulatory requirement to disclose so as to allow the Discloser reasonable opportunity to contest such disclosure. Archaeological Survey of India, Ministry of Culture Page 39 of 91
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