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

More documents

Recommendations

Info

Crime & Criminals Tracking Network and Systems ProjectSikkim Police(b)(c)(d)Breach, which could include the following events and the termination will becomeeffective:i. If the System Integrator is not able to deliver the services as per theSLAs defined in Volume 1 of RFP which translates into Material Breach,then the CLIENT may serve a 7 days written notice for curing thisMaterial Breach. In case the Material Breach continues, after the expiryof such notice period, the CLIENT will have the option to terminate thisAgreement. Further, the CLIENT may after affording a reasonableopportunity to the System Integrator to explain the circumstances leadingto such a delay.ii.If there is a Material Breach by the CLIENT or its nominated agencieswhich results in not providing support for effecting data migration and / ornot providing the certification of User Acceptance, then the SystemIntegrator will give a one month‘s notice for curing the Material Breach tothe CLIENT. After the expiry of such notice period, the System Integratorwill have the option to terminate the AgreementThe CLIENT may by giving a one month‘s written notice, terminate thisAgreement if a change of control of the System Integrator has taken place. Forthe purposes of this Clause, in the case of System Integrator, change of controlshall mean the events stated in Clause 2.7.3, and such notice shall becomeeffective at the end of the notice period as set out in Clause 2.7.3 (c).In the event that System Integrator undergoes such a change of control, CLIENTmay, as an alternative to termination, require a full Performance Guarantee forthe obligations of System Integrator by a guarantor acceptable to CLIENT or itsnominated agencies. If such a guarantee is not furnished within 30 days ofCLIENT‘s demand, the CLIENT may exercise its right to terminate thisAgreement in accordance with this Clause by giving 15 days further writtennotice to the System Integrator.The termination provisions set out in this Clause shall apply mutatis mutandis tothe SLA.2.16.2 Effects of termination(a)(b)(c)(d)In the event that CLIENT terminates this Agreement pursuant to failure on thepart of the System Integrator to comply with the conditions as contained in thisClause and depending on the event of default, Performance Guarantee furnishedby System Integrator may be forfeited.Upon termination of this Agreement, the Parties will comply with the ExitManagement Schedule set out as Schedule III of this Agreement.In the event that CLIENT or the System Integrator terminates this Agreement, thecompensation will be decided in accordance with the Terms of PaymentSchedule set out as Schedule VI of this Agreement.On termination of this Agreement for any reason, the CLIENT will decide theappropriate course of action.Volume III Request for Proposal for Selection of System Integrator Page 24 of 132
Crime & Criminals Tracking Network and Systems ProjectSikkim Police2.16.3 Termination of this Agreement due to bankruptcy of System IntegratorThe CLIENT may serve written notice on System Integrator at any time to terminate thisAgreement with immediate effect in the event that:(a)(b)The System Integrator reporting an apprehension of bankruptcy to the CLIENT orits nominated agencies;CLIENT or its nominated agencies apprehending a similar event.2.17 Indemnification2.17.1 Subject to Clause 3.17.2 below, System Integrator (the "Indemnifying Party") undertakesto indemnify CLIENT (the "Indemnified Party") from and against all Losses on account ofbodily injury, death or damage to tangible personal property arising in favour of anyperson, corporation or other entity (including the Indemnified Party) attributable to theIndemnifying Party's performance or non-performance under this Agreement or the SLAto the extent of the Indemnifying Party's comparative fault in causing such Losses.2.17.2 The indemnities set out in Clause 3.17.1 shall be subject to the following conditions:(a)(b)(c)(d)(e)(f)(g)the Indemnified Party as promptly as practicable informs the Indemnifying Partyin writing of the claim or proceedings and provides all relevant evidence,documentary or otherwise;the Indemnified Party shall, at the cost of the Indemnifying Party, give theIndemnifying Party all reasonable assistance in the Defense of such claimincluding reasonable access to all relevant information, documentation andpersonnel provided that the Indemnified Party may, at its sole cost and expense,reasonably participate, through its attorneys or otherwise, in such Defense;if the Indemnifying Party does not assume full control over the Defense of a claimas provided in this Article, the Indemnifying Party may participate in suchDefense at its sole cost and expense, and the Indemnified Party will have theright to defend the claim in such manner as it may deem appropriate, and thecost and expense of the Indemnified Party will be included in Losses;the Indemnified Party shall not prejudice, pay or accept any proceedings orclaim, or compromise any proceedings or claim, without the written consent ofthe Indemnifying Party;all settlements of claims subject to indemnification under this Article will:i. be entered into only with the consent of the Indemnified Party, which consentwill not be unreasonably withheld and include an unconditional release to theIndemnified Party from the claimant or plaintiff for all liability in respect ofsuch claim; andii.include any appropriate confidentiality agreement prohibiting disclosure ofthe terms of such settlement;the Indemnified Party shall account to the Indemnifying Party for all awards,settlements, damages and costs (if any) finally awarded in favour of theIndemnified Party which are to be paid to it in connection with any such claim orproceedings;the Indemnified Party shall take steps that the Indemnifying Party mayreasonably require to mitigate or reduce its loss as a result of such a claim orVolume III Request for Proposal for Selection of System Integrator Page 25 of 132
Page 2: contentseditorial 3freedom and secu
Page 5 and 6: Crime & Criminals Tracking Network
Page 75 and 76:
Crime & Criminals Tracking Network
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126:
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
show all

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

Create successful ePaper yourself

Delete template?

Save as template?