06.03.2014 Views

Hyderabad Metro Rail Limited

Hyderabad Metro Rail Limited

Hyderabad Metro Rail Limited

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

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

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!