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RFP for EeGP(EXCISE e-GOVERNANCE PROJECT) - AP Online

RFP for EeGP(EXCISE e-GOVERNANCE PROJECT) - AP Online

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apts<br />

<strong>RFP</strong> – Excise e-Governance Project (<strong>EeGP</strong>) <strong>for</strong> Prohibition & Excise Department<br />

Confidential and Proprietary<br />

However, the bidder shall continue per<strong>for</strong>mance of the contract to the extent not<br />

terminated.<br />

8.17. Termination <strong>for</strong> Insolvency<br />

The Client may at any time terminate the Contract by giving written notice to the bidder<br />

if he becomes bankrupt or otherwise insolvent. In this event, termination will be<br />

without compensation to the bidder, provided that such termination will not prejudice or<br />

affect any right of action or remedy that has accrued or will accrue thereafter to the<br />

Client.<br />

8.18. Force Majeure<br />

The bidder shall not be to liable <strong>for</strong> <strong>for</strong>feiture of its per<strong>for</strong>mance security, liquidated<br />

damages, or termination <strong>for</strong> default if and to the extent that its delay in per<strong>for</strong>mance or<br />

other failure to per<strong>for</strong>m its obligations under the Contract is the result of an event of<br />

Force Majeure.<br />

For purposes of this Clause, “Force Majeure” means an event beyond the control of the<br />

bidder and not involving bidder’s fault or negligence and not <strong>for</strong>eseeable. Such<br />

events may include, but are not restricted to, acts of the Client in its sovereign capacity,<br />

wars or revolutions, fires, floods, epidemics, quarantine restrictions, and freight<br />

embargoes.<br />

If a Force Majeure situation arises, the bidder shall promptly notify the Client in writing<br />

of such condition and the cause thereof. Unless otherwise directed by the Client in<br />

writing, the bidder shall continue to per<strong>for</strong>m its obligations under the Contract as far as<br />

is reasonably practical, and shall seek all reasonable alternative means <strong>for</strong> per<strong>for</strong>mance<br />

not prevented by the Force Majeure event.<br />

If an event of Force Majeure continues <strong>for</strong> a period of one hundred and eighty (180)<br />

days or more, the parties may, by mutual agreement, terminate the Contract without<br />

either party incurring any further liabilities towards the other with respect to the Contract,<br />

other than to effect payment <strong>for</strong> Products already delivered or Services already<br />

per<strong>for</strong>med.<br />

8.19. Use of documents and In<strong>for</strong>mation<br />

1. The bidder shall not, without prior written consent from <strong>AP</strong>TS, disclose/share/use<br />

the bid document, contract, or any provision thereof, or any specification, plan,<br />

drawing, pattern, sample or in<strong>for</strong>mation furnished by or on behalf of the <strong>AP</strong>TS in<br />

connection therewith, to any person other than a person employed by the bidder<br />

in the per<strong>for</strong>mance of the contract. Disclosure to any such employed person<br />

shall be made in confidence and shall extend only so far as may be necessary<br />

<strong>for</strong> purposes of such per<strong>for</strong>mance.<br />

<strong>AP</strong>TS : One Stop-Shop Solution provider <strong>for</strong> e-Governance.<br />

Page: 61 of 124

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