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

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Crime & Criminals Tracking Network and Systems ProjectSikkim Police(b)(c)Payment Schedule set out as Schedule VI of this Agreement.All payments are subject to the application of service credits and debits as maybe provided for in the SLA. For the avoidance of doubt, it is expressly clarifiedthat the CLIENT will pay the service credits as stated in accordance with theSchedule VI of this Agreement and the CLIENT may also calculate a financialsum and debit the same against the terms of payment as set out in Schedule VIof this Agreement as a result of the failure of the System Integrator to meet theService Level as defined in SLA.Save and except as otherwise provided for herein or as agreed between theParties in writing, the CLIENT shall not be required to make any payments inrespect of the Services (or, without limitation to the foregoing, in respect of theSystem Integrator performance of any obligations under this Agreement or theSLA) other than those covered in Schedule VI of this Agreement. For theavoidance of doubt, it is expressly clarified that the payments shall be deemed toinclude all ancillary and incidental costs and charges arising in the course ofdelivery of the Services including consultancy charges, infrastructure costs,project costs, implementation and management charges and all other relatedcosts including taxes which are addressed in this Clause.2.15.2 Invoicing and Settlement(a)(b)(c)(d)(e)Subject to the specific terms of the SLA, the System Integrator shall submit itsinvoices in accordance with the following principles:i. The CLIENT shall be invoiced by the System Integrator for the Services.Generally and unless otherwise agreed in writing between the Parties orexpressly set out in the SLA, the System Integrator shall raise an invoicealong with necessary approvals as per Schedule VI of this Agreement onHalf yearly basis; andii.Any invoice presented in accordance with this Article shall be in a formagreed with the CLIENT.The System Integrator alone shall invoice all payments after receiving dueapproval from the competent authority. Such invoices shall be accurate and alladjustments to or changes in the terms of payment as stated in Schedule VI ofthis Agreement. The System Integrator shall waive any charge for a Service thatis not invoiced within six months after the end of the month in which the changerelating to such Service is authorized or incurred, whichever is later.Payment shall be made within 30 working days of the receipt of invoice alongwith supporting documents by the CLIENT subject to penalties. The penalties areimposed on the vendor as per the SLA criteria specified in the SLA.The CLIENT shall be entitled to delay or withhold payment of any invoice or partof it delivered by the System Integrator under Schedule VI of this Agreementwhere the CLIENT disputes/ withholds such invoice or part of it provided thatsuch dispute is bona fide. The withheld amount shall be limited to that which is indispute. The disputed / withheld amount shall be settled in accordance with theescalation procedure as set out in Schedule V of this Agreement. Any exerciseby the CLIENT under this Clause shall not entitle the System Integrator to delayor withhold provision of the Services.The CLIENT shall be entitled to delay or withhold payment of any invoice or partVolume III Request for Proposal for Selection of System Integrator Page 22 of 132
Crime & Criminals Tracking Network and Systems ProjectSikkim Police(f)of it delivered by the System Integrator under Schedule V of this Agreementwhere the disputes any previous invoice or part of it that it had not previouslydisputed provided that such dispute is bona fide. The withheld amount shall belimited to that which is the disputed amount. The disputed amount shall bereferred to the escalation procedure as set out in Schedule V of this Agreement.Any exercise by the CLIENT under this Clause shall not entitle the SystemIntegrator to delay or withhold provision of the Services.The System Integrator shall pay all its Consortium/Partners in a timely fashion inaccordance with a mechanism, which will not prejudice the Project.2.15.3 Tax(a)(b)(c)(d)The CLIENT or its nominated agencies shall be responsible for withholding taxesfrom the amounts due and payable to the System Integrator wherever applicable.The System Integrator shall pay for all other taxes in connection with thisAgreement, SLA, scope of work and any other engagement required to beundertaken as a part of this Agreement, including, but not limited to, property,sales, use, excise, value-added, goods and services, consumption and othersimilar taxes or duties.The CLIENT or its nominated agencies shall provide System Integrator with theoriginal tax receipt of any withholding taxes paid by CLIENT or its nominatedagencies on payments under this Agreement. The System Integrator agrees toreimburse and hold the CLIENT or its nominated agencies harmless from anydeficiency including penalties and interest relating to taxes that are itsresponsibility under this paragraph. For purposes of this Agreement, taxes shallinclude taxes incurred on transactions between and among the CLIENT or itsnominated agencies, the System Integrator and third party Consortium/PartnersIn the event of any increase or decrease of the rate of taxes due to any statutorynotification/s during the Term of the Agreement the consequential effect shall beto the account of the System Integrator.The Parties shall cooperate to enable each Party to accurately determine its owntax liability and to minimize such liability to the extent legally permissible. Inconnection therewith, the Parties shall provide each other with the following:i. any resale certificates;ii. any relevant information regarding out-of-state or use of materials,equipment or services; andiii. any direct pay permits, exemption certificates or informationreasonably requested by the other Party.2.16 Termination2.16.1 Material Breach(a)In the event that either Party believes that the other Party is in Material Breach ofits obligations under this Agreement, such aggrieved Party may terminate thisAgreement upon giving a one month‘s notice for curing the Material Breach to theother Party. In case the Material Breach continues, after the notice period, theCLIENT as the case may be will have the option to terminate the Agreement. Anynotice served pursuant to this Clause shall give reasonable details of the MaterialVolume III Request for Proposal for Selection of System Integrator Page 23 of 132
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CCTNS RFP FOR SI VOL III.pdf - National Crime Records Bureau

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