Mobile BTS Vehicle - Nepal Telecom

NEPAL TELECOM
Nepal Doorsanchar Company Limited
Clause
No.
Particulars of Nepal Telecom’s Requirements
such termination will not prejudice or affect any right of action or remedy which
has accrued or will accrue thereafter to the Nepal Telecom.
21 Arbitration
21.1 If any dispute arises between the contracting parties in connection with or arising out of
contract or the execution of the contract, whether the execution of works after the
completion of works and whether before or after the repudiation or termination of the
contract including any disagreement by either party with any action, inaction
certification, the matter shall be settled by arbitration under United Nation Commission
on International and Trade Law (UNCITRAL) Arbitration Rules.
21.2 Arbitration shall take place in Kathmandu, Nepal and shall be conducted in English
Language.
21.3 The Arbitral Tribunal shall consists of three arbitrators appointed as follows:
(a) Each contracting parties shall appoint only one arbitrator from their sides
(b) The third arbitrator shall be appointed by agreement of the above mentioned two
arbitrators.
22 IP Indemnification:
Unless otherwise agreed upon in writing between the parties, the Supplier shall
provide Goods free from any infringement of third party’s intellectual property
right or copyright, including but not limited to patents, trade secrets (hereinafter
called "Intellectual Property Rights") in the country of the place of destination.
In the event a third party asserts legitimate claims against the NT based on an
infringement of an Intellectual Property Rights with respect to the Goods
provided by Supplier and then used in compliance with this Contract, the
Supplier shall be liable to the Purchaser (NT) as follows:
a) The Supplier shall at his own option and expenses either acquire the legal
right to use the Goods, modify the Goods so as not to infringe the
Intellectual Property Rights or replace the relevant Goods. If Supplier fails
to correct the infringement, the Purchaser (NT) is entitled to terminate the
Contract in whole or in part. In the event the purchaser terminates the
contract in part the purchaser may procure goods and services similar to
those required goods and the supplier shall be liable to the Purchaser for
any excess cost for such similar goods and services. In such a case Supplier
shall compensate the loss incurred during the period of interruption.
b) Supplier's aforesaid obligations shall apply only if the Purchaser (NT) has
notified the Supplier in writing of the claims asserted by the third party.
23 Country of Origin, Make and Model of the offered Goods
Bidder shall not deviate from the Country of Origin, Model Number, Part Number
and Manufacturing Company, Country of Shipment mentioned in the Section VII:
Price Schedule (SOP) until and unless manufacturer discontinues the
manufacturing of the equipment or the equipment is upgraded to higher version.
Supplier shall submit sufficient documents that prove the manufacturing of the
good is discontinued or good is upgraded to higher version. Nepal Telecom
reserves right to accept or reject the deviation.
24 Confidentiality
Supplier shall not disclose to third parties, and shall use their best efforts to ensure
that their employees keep secret, all the proprietary information obtained directly
or indirectly by the Supplier, including without limitation, documents or
Bidder shall state as:
Fully Compliant
/Partially
Compliant
/Non Compliant
Tender No. NDCL/26/066-67 for Supply and Delivery of Mobile BTS Vehicle
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