7. Providing services for Industrial Canteen at ONGC Mangalore ...

and when called for.10. COPY RIGHT /TRADE MARK OF OMPL RELATED DISCIPLINEThe successful tenderer shall not infringe, copy, imitate or otherwise deal with brand name,trade or merchandise marks or devices of design or copyright belonging to OMPL entitled to useor otherwise alter, deface or interface with the same or pass of other goods or describe othersgoods as the same as that of OMPL or having been manufactured of OMPL of otherwiseprejudice alter or affect the copyright, trade or merchandise marks or certified packing ordesign or colour of the company's labels or specification or the price or weight or othercodification that is marked on the packing or caused to be given by OMPL, it is expressly agreedthat all trade marks, design and copyright shall vest in OMPL, and nothing contained in thisoffer shall have the effect of creating any right, title or interest in respect of the successfultenderer.11. BUSINESS SECRET/MARKETING DISCIPLINEIt is hereby specifically agreed by the successful tenderer that this clause shall be deemed tobe a condition going to the root of this offer, that the successful tenderer shall not at any timeduring the subsistence of this contract or any time after its termination, call itself or hold outitself, advertise in any manner whatsoever by publication or otherwise, by printing, in writing orby any visual representation, either in it's letter heads or news paper or magazines or leaflets,or by broadcasts over radio or by television or by any other media communication or In anymanner whatsoever other than the appropriate Government Authorities to the extent necessaryunless so permitted in writing by OMPL.The successful tenderer hereby agrees and undertakes not to disclose to any party whatsoeverany formulate blend order, specifications, trade secrets, marketing projection or intelligence orany other data or information and shall keep absolute secrecy in all matters pertaining to thisoffer, all correspondence relating thereto, all instructions given or anything having anyrelevance with the offer on any matter touching or arising out of this arrangement including theBooks, Accounts, papers and correspondence and shall keep strictest secrecy and confidencethereto to any person whomsoever other than appropriate Government Authorities to theextent necessary, unless directed to do so by OMPL in writing.12. ARBITRATION CLAUSEExcept, as otherwise provided elsewhere in the contract, if any dispute, difference, question,or disagreement arises between the the parties hereto or their respective representatives orassignees, at any time, in connection with construction, meaning, operation, effect,interpretation or out of the contract or breach thereof, the same shall be referred to /decidedby an Arbitral Tribunal consisting of three arbitrators. Each party shall appoint one arbitratorand arbitrators so appointed shall appoint third arbitrator who will act as Presiding arbitrator.Subject as aforesaid the Indian Arbitration and Conciliation Act, 1996 shall apply to thearbitration proceedings under the Contract.13. JURISDICTIONThe Vendor hereby agrees that the Courts situated in Mangalore alone shall have theJurisdiction to hear and determine all actions and proceedings arising out of this contract. Thisagreement is subject to the special conditions stipulated in our schedule and (or LOA/WorkOrder No. ____________ dated _____________ and subsequent amendments, if any, issuedfrom time to time.15. Any party or its associated company if had been in the holiday list / Black-listed by anyCentral / State Government agencies or any Central / State PSU company and such nameappears in the list of the above mentioned central / state Government agencies or central /state PSUs as on date is disqualified and would not be considered.Page 27 of 74