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Revised RFP for Lease Cum Development of Tourism Properties ...

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<strong>Development</strong> <strong>of</strong> <strong>Tourism</strong> <strong>Properties</strong>, Uttar Pradesh<br />

agreed that in the event <strong>of</strong> a change in control <strong>of</strong> a Consortium Member whose<br />

Financial Capacity was taken into consideration, the Bidder shall in<strong>for</strong>m the<br />

Authority <strong>for</strong>thwith along with all relevant particulars about the same and the<br />

Authority may, in its sole discretion, disqualify the Bidder or withdraw the LOI<br />

from the Selected Bidder, as the case may be. In the event such change in control<br />

occurs after signing <strong>of</strong> the Agreement notwithstanding anything to the contrary<br />

contained in the Agreement, be deemed to be a breach there<strong>of</strong>, and the Agreement<br />

shall be liable to be terminated without the Authority being liable in any manner<br />

whatsoever to the Developer. In such an event, notwithstanding anything to the<br />

contrary contained in the Agreement, the Authority shall <strong>for</strong>feit, invoke and<br />

appropriate the Bid Security or Per<strong>for</strong>mance Security without prejudice to any<br />

other right or remedy that may be available to the Authority hereunder or<br />

otherwise.<br />

3.3.3 A Bidder including any Consortium Member should, in the last 3 (three) years,<br />

have neither failed to per<strong>for</strong>m on any contract, as evidenced by imposition <strong>of</strong> a<br />

penalty by an arbitral or judicial authority or a judicial pronouncement or<br />

arbitration award against the Bidder/Consortium Member, as the case may be, nor<br />

has been expelled from any project or contract by any public entity nor have had<br />

any contract terminated any public entity <strong>for</strong> breach by such Bidder/Consortium<br />

Member.<br />

3.4 Cost <strong>of</strong> Bidding<br />

3.4.1 The Bidder shall be responsible <strong>for</strong> all <strong>of</strong> the costs associated with the preparation<br />

<strong>of</strong> their Bid and his participation in the Bidding Process. The Authority will not be<br />

responsible or in any way liable <strong>for</strong> such costs, regardless <strong>of</strong> the conduct or<br />

outcome <strong>of</strong> the Bidding Process.<br />

3.5 Site visit and verification <strong>of</strong> in<strong>for</strong>mation<br />

3.5.1 Bidders are encouraged to respond to this <strong>RFP</strong> after making an on the spot<br />

assessment <strong>of</strong> the relevant Units/<strong>Properties</strong> and the conditions prevailing there<strong>of</strong>,<br />

the surroundings, market assessment and all other parameters and issues related to<br />

development <strong>of</strong> <strong>Properties</strong> including Applicable Laws and regulations, and any<br />

other matter considered relevant by them.<br />

3.5.2 For the purpose <strong>of</strong> site visit the Bidders are required to contact the below<br />

mentioned person:<br />

Name: Manoj Panda (Project Management Unit), Contact No: 07381010273<br />

Name: Neeraj Kumar, Contact No: 09313127275<br />

3.6 Acknowledgement<br />

3.6.1 It shall be deemed that by submitting a Bid, the Bidder has:<br />

a. made a complete and careful examination <strong>of</strong> the Bidding Documents;<br />

b. received all relevant in<strong>for</strong>mation requested from the Authority;<br />

c. acknowledged and accepted the risk <strong>of</strong> inadequacy, error or mistake in the<br />

in<strong>for</strong>mation provided in the Bidding Documents or furnished by or on<br />

Request <strong>for</strong> Proposal 12

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