Nepal Telecom

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Clause No. Nepal Telecom Nepal Doorsanchar Company Limited Particulars of Nepal Telecom’s Requirements (b) If the Supplier fails to deliver any or all of the Goods within the time period (s) specified in the Contract, or any extension thereof granted by the purchaser. (c) If the Supplier fails to perform any other contractual obligation (s) under the contract; (d) If the Supplier, in either of the above circumstances, does not cure its failure within a period of thirty (30) days (or such longer period as the Purchase may authorize in writing) after the receipt of the default notice from the Purchaser. (e) If it is proved that the Contractor has committed substantial defect in implementation of the contract or has not substantially fulfilled his obligations under the contract or the completed work is not of the specified quality as per the contract , (f) If convicted by a court of law in a criminal offence which disqualifies the bidder from participating in the contract. (g) If it is proved that the contract agreement signed by the bidder was based on false or misrepresentation of bidder’s qualification information, (h) Other acts mentioned in the Bidding documents. 20.1.1 After this, necessary action will be carried out to black list the Supplier and the notice of black listed shall be circulated to all departments of Nepal Telecom. The Supplier who has been black listed shall not be eligible to participate in any tender and sealed quotations of the Nepal Telecom. 20.1.2 Nepal Telecom shall also forward the necessary paper to the Public Procurement Monitoring Office (PPMO) to black-list the Contractor. Without prejudice to any other rights of the Purchaser under this Contract, the PPMO may blacklist a Bidder for his conduct up to three years. 20.2 Terminations for Convenience Nepal Telecom may terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the Nepal Telecom’s convenience, the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. However, payment as per the contract payment terms shall be made to the Supplier for the performance of work under the contract already executed in accordance with the contract at the time of contract termination. 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. Bidder shall state as: Fully Compliant /Partially Compliant /Non Compliant Tender No. NDCL/19/066-67 for Supply, Delivery, Installation & Commissioning of the Over The Air (OTA) Platform System Page 24 of 54
Nepal Telecom Nepal Doorsanchar Company Limited Clause No. Particulars of Nepal Telecom’s Requirements 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 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 improvements or design, processes, know-how and other unpublished information, except as may be authorized in writing by Nepal Telecom. Bidder shall state as: Fully Compliant /Partially Compliant /Non Compliant ****End of Section IV **** Tender No. NDCL/19/066-67 for Supply, Delivery, Installation & Commissioning of the Over The Air (OTA) Platform System Page 25 of 54
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Nepal Telecom

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