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MPED-X-Routing-Tender20080721 - Madhya Pradesh State Excise

MPED-X-Routing-Tender20080721 - Madhya Pradesh State Excise

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. The Vendor is responsible for complying with its respective obligations under the<br />

applicable data protection laws and regulations governing the proprietary Data.<br />

c. The Vendor is required to follow the best practices for the data security regarding all<br />

the data made available to them.<br />

d. The Vendor shall not transfer any Data unless otherwise authorized by The<br />

Competent Authority in this regard.<br />

7.41 CONFIDENTIALITY<br />

a. The Competent Authority may permit the Vendor to come into possession of<br />

confidential public records as per the needs of the project and the Vendor shall maintain<br />

the highest level of secrecy, confidentiality and privacy with regard thereto.<br />

b. Additionally, the Vendor shall keep confidential all the details and information with<br />

regard to the Project, including systems, facilities, operations, management and<br />

maintenance of the systems/ facilities, during implementation or after completion of the<br />

project.<br />

c. The Competent Authority shall retain all rights to prevent, stop and if required take the<br />

necessary punitive action against the Vendor regarding any forbidden disclosure.<br />

d. The Vendor shall ensure that all its employees execute individual nondisclosure<br />

agreements, which have been duly approved by the Competent Authority with respect to<br />

this Project.<br />

e. The aforesaid provisions shall not apply to the information:<br />

(i) Already in the public domain;<br />

(ii) Which has been received from a third party who had the right to disclose the<br />

aforesaid information.<br />

(iii) Disclosed to the public due to a court order.<br />

7.42 FORCE MAJEURE<br />

7.42.1 Notwithstanding anything contained in the Bid Document, the Vendor shall not<br />

be liable for forfeiture of security, liquidated damages or termination for default, if and<br />

to the extent that, its delay in performance or other failures to perform its obligations<br />

under the agreement is the result of an event of Force Majeure.<br />

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

of the Vendor and not involving the Vendor’s fault or negligence and which was not<br />

foreseeable. Such events may include wars or revolutions, fires, floods, epidemics,<br />

quarantine restrictions and freight embargoes. The decision of the Competent Authority<br />

129

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