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

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

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“Intellectual Property Rights” No goods or services covered under the contract shall<br />

be sold, disposed by the supplier in violation of any right what so ever of third party, and<br />

in particular, but without prejudice to the generality of the foregoing, of any patent right,<br />

trade mark or similar right, or of any charge mortgage or lien.<br />

The Supplier/Bidder shall indemnify the <strong>State</strong> Govt. / Competent Authority from all<br />

actions, cost, claims, demands, expenses and liabilities, what so ever, resulting from any<br />

actual or alleged infringement as aforesaid and at the expenses of the supplier / Bidder,<br />

the <strong>State</strong> Govt. / Competent Authority shall be defended in the defense of any<br />

proceedings.<br />

“Replacement Bidder” means any third party that The Competent Authority may<br />

appoint to replace the Successful Bidder upon expiry of the Term or other termination of<br />

this Agreement or the SLA to undertake the Services or part thereof;<br />

“Service Level” means the level of service and other performance criteria that will apply<br />

to the Services as set out;<br />

“Service Level Agreement (SLA)” means the Operation and Maintenance SLA, to be<br />

executed by the Bidder, in terms of the Service Level Requirements set out in the Bid.<br />

“Integrated Computerization of MP STATE EXCISE DEPARTMENT” means integrated<br />

computerization of offices of all the Office of The Commissioner, DEOs, FL Warehouse,<br />

CL Warehouse, Bottling Units etc. and all other locations as per Annexure 1.<br />

“<strong>State</strong> Government” means the Government of <strong>Madhya</strong> <strong>Pradesh</strong>, Madya <strong>Pradesh</strong><br />

<strong>State</strong> <strong>Excise</strong> Department.<br />

“Committee” means committee constituted by Government of <strong>Madhya</strong> <strong>Pradesh</strong> for<br />

monitoring and implementation of computerization project.<br />

“The Competent Authority” means The <strong>Excise</strong> Commissioner, <strong>Madhya</strong> <strong>Pradesh</strong> <strong>State</strong><br />

<strong>Excise</strong> Department, <strong>Madhya</strong> <strong>Pradesh</strong>.<br />

“Project Site” means the site/location where the equipment supply/installation/<br />

commissiong is proposed as per Annexure 1. A non-exhaustive list of such site/location<br />

is included in Annexure – 1. However, if any site/location of the <strong>Excise</strong> Department is<br />

not included in the list, it will be presumed to be included and covered under this<br />

contract.<br />

“Go-Live” means the date of issuance of certificate by the Competent Authority to that<br />

effect after trouble-free running of the deployed solution for at least 60 calendar days<br />

after deployment of solution at all the locations as specified in Annexure 1.<br />

92

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