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

Crime & Criminals Tracking Network and Systems ProjectSikkim Police2.23.11 EthicsThe System Integrator represents, warrants and covenants that it has given no commitments,payments, gifts, kickbacks, lavish or expensive entertainment, or other things of value to anyemployee or agent of CLIENT or its nominated agencies in connection with this agreement andacknowledges that the giving of any such payment, gifts, entertainment, or other things of value isstrictly in violation of CLIENT standard policies and may result in cancellation of this Agreement,or the SLA.2.23.12 Entire AgreementThis Agreement and the SLA with all schedules & annexure appended thereto and the contentsand specifications of the Volumes I and II of the RFP constitute the entire agreement between theParties with respect to their subject matter, and as to all other representations, understandings oragreements which are not fully expressed herein, provided that nothing in this Clause shall beinterpreted so as to exclude any liability in respect of fraudulent misrepresentation.2.23.13 AmendmentAny amendment to this Agreement shall be made in accordance with the Change ControlSchedule set out in Schedule II of this Agreement by mutual written consent of all the Parties.2.24 Dispute Resolution(a)(b)Any dispute arising out of or in connection with this Agreement or the SLA shallin the first instance be dealt with in accordance with the escalation procedure asset out in the Governance Schedule set out as Schedule V of this Agreement.Any dispute or difference whatsoever arising between the parties to this Contractout of or relating to the construction, meaning, scope, operation or effect of thisContract or the validity of the breach thereof shall be referred to a sole Arbitratorto be appointed by Client only. If the System Integrator cannot agree on theappointment of the Arbitrator within a period of one month from the notification byone party to the other of existence of such dispute, then the ultimate Arbitratorshall be Principal Secretary to Government of Sikkim, Home Department, Sikkim.The provisions of the Arbitration and Conciliation Act, 1996 will be applicable andthe award made there under shall be final and binding upon the parties hereto,subject to legal remedies available under the law. Such differences shall bedeemed to be a submission to arbitration under the Indian Arbitration andConciliation Act, 1996, or of any modifications, Rules or re-enactments thereof.The Arbitration proceedings will be held at Gangtok, India. Any legal dispute willcome under Sikkim State jurisdiction.IN WITNESS WHEREOF THE PARTIES HERETO HAVE HERE UNTO SET THEIRRESPECTIVE HANDS THE DAY AND THE YEAR FIRST ABOVE WRITTEN.Volume III Request for Proposal for Selection of System Integrator Page 35 of 132