Crime and Criminal Tracking Network & Systems (CCTNS) Request ...

Master Service Agreement2.16. Termination2.16.1. Material Breach(a) In the event that either Party believes that the other Party is in Material Breach of its obligationsunder this Agreement, such aggrieved Party may terminate this Agreement upon giving a onemonth’s notice for curing the Material Breach to the other Party. In case the Material Breachcontinues, after the notice period, the Client as the case may be will have the option to terminatethe Agreement. Any notice served pursuant to this Clause shall give reasonable details of theMaterial 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 the SLAs defined in Volume 1of RFP which translates into Material Breach, then the Client may serve a 7 days written noticefor curing this Material Breach. In case the Material Breach continues, after the expiry of suchnotice period, the Client will have the option to terminate this Agreement. Further, the Clientmay after affording a reasonable opportunity to the System Integrator to explain thecircumstances leading to such a delay.(II) If there is a Material Breach by the Client or its nominated agencies which results in notproviding support for effecting data migration and / or not providing the certification of UserAcceptance, then the System Integrator will give a one month‟s notice for curing the MaterialBreach to the Client. After the expiry of such notice period, the System Integrator will have theoption to terminate the Agreement(b) The Client may by giving a one month’s written notice, terminate this Agreement if a change ofcontrol of the System Integrator has taken place. For the purposes of this Clause, in the case ofSystem Integrator, change of control shall mean the events stated in Clause 2.7.3, and such noticeshall become effective at the end of the notice period as set out in Clause 2.7.3 (c).(c) In the event that System Integrator undergoes such a change of control, Client may, as analternative to termination, require full Performance Guarantee for the obligations of SystemIntegrator by a guarantor acceptable to Client or its nominated agencies. If such a guarantee is notfurnished within 30 days of Client‟s demand, the Client may exercise its right to terminate thisAgreement in accordance with this Clause by giving 15 days further written notice to the SystemIntegrator.(d) The termination provisions set out in this Clause shall apply mutatis mutandis to the SLA.Arunachal Pradesh Police Page 29