Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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RFP for Selection of System Integrator of CCTNSmeetings and amendments issued from time to time during the bidding process and onthe basis of which SI has submitted its Proposal.(eee) “Replacement SI” means the meaning attributed to it under Schedule X of thisContract.(fff) “Scheduled Maintenance Time” shall mean the time that the System is not in servicedue to a scheduled activity as defined in this SLA. The scheduled maintenance timewould not be during 16X6 timeframe. Further, scheduled maintenance time is planneddowntime with the prior permission of Odisha State Police.(ggg) “Scheduled operation time” means the scheduled operating hours of the System forthe month. All scheduled maintenance time on the System would be deducted fromthe total operation time for the month to give the scheduled operation time. The totaloperation time for the systems and applications will be 24X7X365.(hhh) “Services” means the services to be performed by the SI in pursuant to the Contractmore elaborately provided in the RFP and mentioned in ARTICLE 3 of the Contract.(iii) "Service Level" means the level of service and other performance criteria determiningthe completion of services by the SI as set out in ARTICLE 19.(jjj) “SI Assets for Own Use” or “SI Assets” means assets other than the Project Assetsincluding but not limited to the computer hardware, software, Network components,power supply and other tangible equipment owned and used by SI for the Project.(kkk) “Software” shall mean all the software including and not limited to CAS (State)Software provided, designed, developed or integrated by the SI pursuant to theProject.(lll) “Source Code” means the human-readable version of the Software made up of thesource program containing computer instructions and Data definitions, which cannot beexecuted on a computer processor without compilation or conversion into binarylanguage.(mmm)“Solution” means the application software, proposed by SI to meet the functional andtechnical requirements of the BUYER. This includes all the hardware, equipment,servers, third party tools, databases, and middleware software required to make itwork as a complete CAS (State).(nnn) “Stakeholders” means Odisha State Police, Government of Odisha, citizens and citizenGroups, departments such as jails, courts, passports office, transport Departments,hospitals and the entities designated by Odisha State Police in which CAS (State) needsto be implemented.(ooo) “System” means the completed CAS (State) enhanced, developed, implemented andmaintained exclusively for Odisha State Police by SI, pursuant to the Project.(ppp) “System or Application downtime” means accumulated time during which the Systemis totally inoperable within the Scheduled Operation Time but outside the scheduledmaintenance time and measured from the time Odisha State Police and/or itsemployees log a call with the SI team of the failure or the failure is known to the SIfrom the availability measurement tools to the time when the System is returned toproper operation.(qqq) “Third Party Software” means systems or any part thereof for which the IntellectualProperty Rights are owned by a third party and the BUYER has been granted a license touse.(rrr) “Transfer Date” shall mean date on which the Project Assets or any part thereof aretransferred to the BUYER or its nominee, pursuant to the Contract, on Go Live comingVolume IIIContractual and Legal Specifications14
RFP for Selection of System Integrator of CCTNSinto effect or on termination of the Contract, if such termination happens prior to Go-Live.(sss) “Updates” means but is not limited to a minor change, Modification, Customizationmade to the Software by SI or OEM so as to incorporate „bug fixes‟, or improve theexisting technology, features or functionality.(ttt) “Working Day” means any day on which any of the local unit of Odisha State Policewill be functioning. The BUYER will provide list of its scheduled holidays.1.2. Interpretations.In this Contract unless the context otherwise requires:-(a) Any reference to a statutory provision shall include reference to such provision as fromtime to time modified, amended or re-enacted or consolidated and to all statutoryinstruments pursuant to it.(b) The words importing singular shall include plural and vice versa, and words denotingnatural person shall include partnerships, firms, companies, corporations, jointventures, trusts, associations, organizations, executors, administrators, successors,agents, substitutes and any permitted assignees or other entities (whether or nothaving a separate legal entity). A reference to a group of persons is a reference to allof them collectively, to any two or more of them collectively and to each of themindividually. A word denoting a gender includes all genders.(c) Unless otherwise expressly stated, the words "herein", "hereof", "hereunder" and similarwords refer to this Contract as a whole and not to any particular Article or Schedule.The words "include" and "including" shall not be construed as terms of limitation. Thewords "day" and "month" mean "Gregorian calendar day" and "Gregorian calendar month"unless otherwise stated. Where, because of a difference in time zone, the calendar dayor calendar month in one Country differs from another Country, then the calendar dayor calendar month shall be deemed to be the calendar day or calendar monthapplicable to Odisha. The term Articles, refers to Articles of this Contract. The words"in writing" and "written" mean "in documented form", whether electronic or hard copy,unless otherwise stated. Any reference to attorneys' fees shall include fees of theprofessional assistants of such attorneys.(d) The headings and use of bold type in this Contract are for convenience only and shallnot affect the interpretation of any provision of this Contract.(e) References to “installation” include investigation, design, engineering, procurement,delivery, installation, processing, testing, commissioning.(f) References to “implementation” include investigation, design, engineering,procurement, delivery, installation, processing, testing, commissioning.(g) References to “States” mean reference to all States and Union Territories of India.(h) Any reference to any period of time shall mean a reference to that according to Indianstandard time.(i) Any reference at any time to any Contract, deed, instrument, license or document ofany description shall be construed as reference to that Contract, deed, instrument,license or other document as amended, varied, supplemented, modified or innovatedat the time of such reference.(j) Any contract, consent, approval, authorization, notice, communication, Information orreport required under or pursuant to this Contract from or by any Party or theindependent engineer and/or a statutory auditor and/or any other authority shall bevalid and effectual only if it is in writing under the hands of duly authorizedVolume IIIContractual and Legal Specifications15
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Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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