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

RFP for Selection of System Integrator of CCTNS(b) Non-fulfillment of Conditions Precedent(i) Subject to Article 2 (b) (iv) below, in the event that any of the Conditions Precedenthas not been fulfilled within 15 (fifteen) days of the Effective Date and the same hasnot been waived by the BUYER fully or partially, this Contract shall stand terminatedas of that date.(ii) In the event of termination of the Contract on account of non-fulfillment ofConditions Precedent, the BUYER shall not be liable in any manner whatsoever to SIand SI shall forthwith forfeit the money deposited by Buyer under RFP. Suchtermination and forfeitures shall be without prejudice or other rights of the BUYERunder law or Contract.(iii) In the event that vacant possession of any of the Project facilities and/or equipmenthas been delivered to SI prior to the fulfillment in full of the Conditions Precedent,then on termination of this Contract such possession shall immediately revert to theBUYER free and clear from any encumbrances or claims. In case SI has created anycharge on the aforementioned assets, then the SI will be liable to get the chargereleased and the BUYER will be entitled to claim the appropriate damages from theSI.(iv) Instead of terminating this Contract as provided in Article 2.2 (b) (i) above, theParties may mutually agree in writing to extend the time for fulfilling the ConditionsPrecedent and the Term. It is further clarified that any such extension of time shallbe subject to imposition of penalties on SI linked to the delay in fulfilling theConditions Precedent. In case, the Conditions Precedent for Design and DevelopmentStage has not been fulfilled by the SI even on the extended date, then in that caseall the provisions contained in Article 2.2(b) (i), 2(b) (ii) and 2(b) (iii) of thisContract shall become applicable.(c) Conditions Precedent for Maintenance Stage:Subject to express terms to the contrary, the rights and obligations of the Parties inrespect of the Maintenance Stage shall be effective only upon fulfillment of all theconditions precedent set out in this Article 2.2 (c) (“Conditions Precedent for theMaintenance Stage”). However, the BUYER, may at any time at its sole discretion waivefully or partially any of the aforesaid conditions precedent for the SI. The followingconditions precedent needs to be fulfilled by the SI:(i) The Enhanced CAS (State) is designed, developed, tested, audited and certified inaccordance with related provisions of the RFP;(ii) The IT and non-IT infrastructure is established at Police Stations, Higher Offices,Data Center, and Disaster Recovery Center as required;(iii) The ownership of the Project Assets, CAS (State), Third Party Software (in the formof licenses obtained in favour of BUYER) is passed on to the BUYER within a periodof 15 days from the date of certification of such assets by the third Party appointedby the BUYER;(iv) The CAS (State) has been successfully tested and implemented in at least 15 PoliceStations and 3 Districts to the satisfaction of the BUYER.(d) Non-fulfillment of Conditions Precedent for Maintenance Stage(i) In the event that any of the Conditions Precedent for the Maintenance Stage has notbeen fulfilled within the timelines specified by the BUYER and the same has notVolume IIIContractual and Legal Specifications18