Hyderabad Metro Rail Limited
Hyderabad Metro Rail Limited
Hyderabad Metro Rail Limited
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Schedule -2: Form of Agreement<br />
Consultant shall provide the Deliverables specified therein in conformity with<br />
the time schedule stated therein.<br />
3.1.3 Applicable Laws<br />
The Consultant shall perform the Services in accordance with the Applicable<br />
Laws and shall take all practicable steps to ensure that any Sub-Consultant, as<br />
well as the Personnel and agents of the Consultant and any Sub-Consultant,<br />
comply with the Applicable Laws.<br />
3.2 Conflict of Interest<br />
3.2.1 The Consultant shall not have a Conflict of Interest and any breach hereof<br />
shall constitute a breach of the Agreement.<br />
3.2.2 Consultant and Affiliates not to be otherwise interested in the Project<br />
The Consultant agrees that, during the term of this Agreement and after its<br />
termination, the Consultant or any Associate thereof, as well as any Sub-<br />
Consultant and any entity affiliated with such Sub-Consultant, shall be<br />
disqualified from providing goods, works, services, loans or equity for any<br />
project resulting from or closely related to the Services and any breach of this<br />
obligation shall amount to a Conflict of Interest; provided that the restriction<br />
herein shall not apply after a period of five years from the completion of this<br />
assignment or to consulting assignments granted by banks/ lenders at any time;<br />
provided further that this restriction shall not apply to consultancy/ advisory<br />
services provided to the Authority in continuation of this Consultancy or to<br />
any subsequent consultancy/ advisory services provided to the Authority in<br />
accordance with the rules of the Authority. For the avoidance of doubt, an<br />
entity affiliated with the Consultant shall include a partner in the firm of the<br />
Consultant or a person who holds more than 5% (five per cent) of the<br />
subscribed and paid up share capital of the Consultant, as the case may be, and<br />
any Associate thereof.<br />
3.2.3 Prohibition of conflicting activities<br />
Neither the Consultant nor its Sub-consultant nor the Personnel of either of<br />
them shall engage, either directly or indirectly, in any of the following<br />
activities:<br />
(a)<br />
(b)<br />
(c)<br />
during the term of this Agreement, any business or professional<br />
activities which would conflict with the activities assigned to them<br />
under this Agreement;<br />
after the termination of this Agreement, such other activities as may be<br />
specified in the Agreement; or<br />
at any time, such other activities as have been specified in the RFP as<br />
Conflict of Interest.<br />
3.2.4 Consultant not to benefit from commissions, discounts, etc.<br />
RFP for Financial Consultant: <strong>Hyderabad</strong> <strong>Metro</strong> <strong>Rail</strong> (MRTS) Project 61