CCTNS RFP FOR SI VOL III.pdf - National Crime Records Bureau

Crime & Criminals Tracking Network and Systems ProjectSikkim Police2.8.2 Representations and warranties of the CLIENT or its nominated agenciesCLIENT or its nominated agencies represent and warrant to the System Integrator that:(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)it has full power and authority to execute, deliver and perform its obligationsunder this Agreement and to carry out the transactions contemplated herein andthat it has taken all actions necessary to execute this Agreement, exercise itsrights and perform its obligations, under this Agreement and carry out thetransactions contemplated hereby;it has taken all necessary actions under Applicable Laws to authorize theexecution, delivery and performance of this Agreement and to validly exercise itsrights and perform its obligations under this Agreement;it has the financial standing and capacity to perform its obligations under theAgreement;it is subject to the laws of India, and hereby expressly and irrevocably waives anyimmunity in any jurisdiction in respect of this Agreement or matters arisingthereunder including any obligation, liability or responsibility hereunder;this Agreement has been duly executed by it and constitutes a legal, valid andbinding obligation enforceable against it in accordance with the terms hereof andits obligations under this Agreement shall be legally valid, binding andenforceable against it in accordance with the terms thereof;the execution, delivery and performance of this Agreement shall not conflict with,result in the breach of, constitute a default under, or accelerate performancerequired by any of the Applicable Laws or any covenant, contract, agreement,arrangement, understanding, decree or order to which it is a party or by which itor any of its properties or assets is bound or affected;there are no actions, suits or proceedings pending or, to its knowledge,threatened against it at law or in equity before any court or before any otherjudicial, quasi-judicial or other authority, the outcome of which may result in thedefault or breach of this Agreement or which individually or in the aggregate mayresult in any material impairment of its ability to perform its material (includingany payment) obligations under this Agreement;it has no knowledge of any violation or default with respect to any order, writ,injunction or any decree of any court or any legally binding order of anyGovernment Instrumentality which may result in any Adverse Effect on the Clientor its nominated agencies ability to perform its obligations under this Agreementand no fact or circumstance exists which may give rise to such proceedings thatwould adversely affect the performance of its obligations under this Agreement;it has complied with Applicable Laws in all material respects;all information provided by it in the RFP in connection with the Project is, to thebest of its knowledge and belief, true and accurate in all material respects; andupon the System Integrator performing the covenants herein, it shall not at anytime during the term hereof, interfere with peaceful exercise of the rights anddischarge of the obligations by the System Integrator, in accordance with thisAgreement.Volume III Request for Proposal for Selection of System Integrator Page 17 of 132