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

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Crime & Criminals Tracking Network and Systems ProjectSikkim Police3.3 Schedule – III: Exit Management Schedule3.3.1 Purpose(a)(b)(c)This Schedule sets out the provisions, which will apply on expiry or termination ofthe MSA, the Project Implementation, Operation and Management SLA.In the case of termination of the Project Implementation and/or Operation andManagement, the Parties shall agree at that time whether, and if so during whatperiod, the provisions of this Schedule shall apply.The Parties shall ensure that their respective associated entities carry out theirrespective obligations set out in this Exit Management Schedule.3.3.2 Transfer of Assets(a)(b)(c)CLIENT shall be entitled to serve notice in writing on the SI at any time during theexit management period as detailed hereinabove requiring the SI and/or itsconsortium/partners to provide the CLIENT with a complete and up to date list ofthe Assets within 30 days of such notice. CLIENT shall then be entitled to servenotice in writing on the SI at any time prior to the date that is 30 days prior to theend of the exit management period requiring the SI to sell the Assets, if any, tobe transferred to CLIENT or its nominated agencies at book value as determinedas of the date of such notice in accordance with the provisions of relevant laws.In case of contract being terminated by CLIENT, CLIENT reserves the right toask SI to continue running the project operations for a period of 6 months aftertermination orders are issued.Upon service of a notice under this Article the following provisions shall apply:i. in the event, if the Assets to be transferred are mortgaged to any financialinstitutions by the SI, the SI shall ensure that all such liens and liabilities havebeen cleared beyond doubt, prior to such transfer. All documents regardingthe discharge of such lien and liabilities shall be furnished to the CLIENT.ii.iii.iv.All risk in and title to the Assets to be transferred / to be purchased by theCLIENT pursuant to this Article shall be transferred to CLIENT, on the lastday of the exit management period.CLIENT shall pay to the SI on the last day of the exit management periodsuch sum representing the Net Block (procurement price less depreciation asper provisions of Companies Act) of the Assets to be transferred as stated inthe Terms of Payment Schedule.Payment to the outgoing SI shall be made to the tune of last set of completedservices / deliverables, subject to SLA requirements.v. The outgoing SI will pass on to CLIENT and/or to the Replacement SI, thesubsisting rights in any leased properties/ licensed products on terms notless favorable to CLIENT/ Replacement SI, than that enjoyed by the outgoingSI.3.3.3 Cooperation and Provision of InformationDuring the exit management period:Volume III Request for Proposal for Selection of System Integrator Page 44 of 132
Crime & Criminals Tracking Network and Systems ProjectSikkim Police(a)(b)The System Integrator will allow the CLIENT or its nominated agency access toinformation reasonably required to define the then current mode of operationassociated with the provision of the services to enable the CLIENT to assess theexisting services being delivered;promptly on reasonable request by the CLIENT, the SI shall provide access toand copies of all information held or controlled by them which they have preparedor maintained in accordance with this agreement relating to any material aspectof the services (whether provided by the System Integrator orconsortium/partners appointed by the System Integrator). The CLIENT shall beentitled to copy of all such information. Such information shall include detailspertaining to the services rendered and other performance data. The SystemIntegrator shall permit the CLIENT or its nominated agencies to have reasonableaccess to its employees and facilities as reasonably required to understand themethods of delivery of the services employed by the System Integrator and toassist appropriate knowledge transfer.3.3.4 Confidential Information, Security and Data(a)The System Integrator will promptly on the commencement of the exitmanagement period supply to the CLIENT or its nominated agency the following:i. information relating to the current services rendered and customer andperformance data relating to the performance of consortium/partners in relation tothe services;ii.iii.iv.documentation relating to Project‘s Intellectual Property Rights;documentation relating to consortium/partners;all current and updated data as is reasonably required for purposes of CLIENT orits nominated agencies transitioning the services to its Replacement SystemIntegrator in a readily available format nominated by the CLIENT, or itsnominated agency;v. all other information (including but not limited to documents, records andagreements) relating to the services reasonably necessary to enable CLIENT orits nominated agencies, or its Replacement System Integrator to carry out duediligence in order to transition the provision of the Services to CLIENT or itsnominated agencies, or its Replacement System Integrator (as the case may be).(b)(c)Before the expiry of the exit management period, the System Integrator shalldeliver to the CLIENT or its nominated agency all new or up-dated materials fromthe categories set out in Schedule above and shall not retain any copies thereof,except that the System Integrator shall be permitted to retain one copy of suchmaterials for archival purposes only.Before the expiry of the exit management period, unless otherwise providedunder the MSA, the CLIENT or its nominated agency shall deliver to the SystemIntegrator all forms of System Integrator confidential information, which is in thepossession or control of Client or its nominated agency.Volume III Request for Proposal for Selection of System Integrator Page 45 of 132
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