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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 />

c. Such misrepresentation/ improper response shall lead to the disqualification<br />

<strong>of</strong> the Bidder.<br />

3.7.3 In case it is found during the evaluation or at any time be<strong>for</strong>e signing <strong>of</strong> the<br />

Agreement or after its execution and during the period <strong>of</strong> subsistence there<strong>of</strong>,<br />

including the <strong>Lease</strong> thereby granted by the Authority, that one or more <strong>of</strong> the prequalification<br />

conditions have not been met by the Bidder or the Bidder has made<br />

material misrepresentation or has given any materially incorrect or false<br />

in<strong>for</strong>mation, the Bidder shall be disqualified <strong>for</strong>thwith if not yet appointed as the<br />

Developer either by issue <strong>of</strong> the LOI or entering into <strong>of</strong> the Agreement, and if the<br />

Bidder has already been issued the LOI or has entered into the Agreement, as the<br />

case may be, the same shall, notwithstanding anything to the contrary contained<br />

therein or in this <strong>RFP</strong>, be liable to be terminated, by a communication in writing by<br />

the Authority to the Bidder, without the Authority being liable in any manner<br />

whatsoever to the Bidder or Developer, as the case may be. In such an event, the<br />

Authority shall <strong>for</strong>feit, invoke and appropriate the Bid Security or Per<strong>for</strong>mance<br />

Security without prejudice to any other right or remedy that may be available to<br />

the Authority.<br />

3.7.4 The Authority reserves the right to verify all statements, in<strong>for</strong>mation and<br />

documents submitted by the Bidder in response to this <strong>RFP</strong> or the Bidding<br />

Documents. Failure <strong>of</strong> the Authority to undertake such verification shall not<br />

relieve the Bidder <strong>of</strong> its obligations or liabilities hereunder nor will it affect any<br />

rights <strong>of</strong> the Authority thereunder.<br />

3.8 Clarifications<br />

3.8.1 Bidders requiring any clarification on this <strong>RFP</strong> may notify the Authority in writing<br />

or by fax and e-mail in accordance with Clause 2.2.8. They should send in their<br />

queries be<strong>for</strong>e the date mentioned in the Schedule <strong>of</strong> Bidding Process specified in<br />

Clause 2.3.1. The Authority shall endeavour to respond to the queries within the<br />

period specified therein, but no later than 15 (fifteen) days prior to the Bid Due<br />

Date. The responses will be sent by fax or e-mail. The Authority will <strong>for</strong>ward all<br />

the queries and its responses thereto, to all Bidders without identifying the source<br />

<strong>of</strong> queries.<br />

3.8.2 The Authority shall endeavour to respond to the questions raised or clarifications<br />

sought by the Bidders. However, the Authority reserves the right not to respond to<br />

any question or provide any clarification, in its sole discretion, and nothing in this<br />

Clause shall be taken or read as compelling or requiring the Authority to respond<br />

to any question or to provide any clarification.<br />

3.8.3 The Authority may also on its own motion, if deemed necessary, issue<br />

interpretations and clarifications to all Bidders. All clarifications and<br />

interpretations issued by the Authority shall be deemed to be part <strong>of</strong> the Bidding<br />

Documents.<br />

3.9 Amendment <strong>of</strong> <strong>RFP</strong><br />

3.9.1 At any time prior to the deadline <strong>for</strong> submission <strong>of</strong> Bids, the Authority may, <strong>for</strong><br />

Request <strong>for</strong> Proposal 14

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