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

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RFP for Selection of System Integrator of CCTNS(e)(f)Invoices shall be accurate and all adjustments to or changes in the terms of payment asstated in the Schedule VII shall be applied to the next payment invoice.The BUYER shall be entitled to process the payment of any invoice raised by SI or part ofit only after the acceptance certificate for the Deliverables is issued by the SCRB. Anyexercise by the BUYER under this Article shall not entitle SI to delay or withholdprovision of the Project.4.3. Payment of Tax / Tax Considerations(a) The BUYER shall be entitled to deduct tax from the amounts due and payable to SI,wherever applicable. SI shall pay for all other taxes in connection with this Contract,and any other including, but not limited to, property, sales, use, excise duty, valueaddedgoods and services, consumption and other similar taxes or duties.(b)(c)(d)The BUYER or its associated entity shall provide SI with the statement of tax receipt ofany taxes deducted at source and paid for the Project on payments under this Contract.SI agrees to reimburse and not hold the BUYER accountable from any deficiency(including penalties and interest) relating to taxes that are its responsibility under thisparagraph. For purposes of this Contract, taxes shall include taxes incurred ontransactions between and among the BUYER and the SI.In the event of any increase or decrease of the rate of taxes due to any statutorynotification/s during the term of the Contract, the consequential effect shall be to theaccount of SI.The Parties shall cooperate to enable each Party to accurately determine its own taxliability and to minimize such liability to the extent legally permissible. In connectiontherewith, the Parties shall provide each other with (i) any resale certificates, (ii) anyrelevant Information regarding use of out-of-state materials, or services and (iii) anyexemption certificates or Information reasonably requested by the other Party.4.4. Liquidated DamagesIn the event of SI's failure to submit the Bonds, Guarantees and Documents, supply theProject Assets and conduct trials, installation of equipment and training as per RFP, theBUYER may at his discretion withhold any payment until the completion of the Contract. TheBUYER may also deduct from SI as agreed, liquidated damages to the sum of 0.5% of theContract price of the delayed/undelivered stores/ services mentioned above for every weekof delay or part of a week, subject to the maximum value of the Liquidated Damages beingnot higher than 10% of the value of delayed services. This right to claim any liquidateddamages shall be without prejudice to other rights and remedies available to BUYER underthe Contract and/or any other law.Volume IIIContractual and Legal Specifications24
RFP for Selection of System Integrator of CCTNS5. ARTICLE 5: Representation and Warranties5.1. Representations and Warranties and Covenants of SISI represents and warrants and covenants to the BUYER that:(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)It is duly organised, validly existing and in good standing under the laws of India andhereby expressly and irrevocably waives any immunity in any jurisdiction in respect ofthis Contract or matters arising there under including any obligation, liability orresponsibility hereunder.It has full power and authority to execute, deliver and perform its obligations under thisContract.This Contract is executed by a duly authorized representative of the SI.It has taken all necessary action to authorise the execution, delivery and performance ofthis Contract.This Contract constitutes the legal, valid and binding obligation of SI, enforceableagainst it in accordance with the terms hereof.There are no actions, suits or proceedings pending or to its best knowledge threatenedagainst or affecting it, before any court, administrative body or arbitral tribunal whichmight materially and adversely affect its ability to meet or perform any of its obligationsunder this Contract.It has the financial standing and capacity to undertake the Project in accordance withthe terms of this Contract.It will discharge its obligations under this Agreement with due skill, care and properdiligence.The execution, delivery and performance of this Contract will not conflict with, result inthe breach of, constitute a default under, or accelerate performance required by any ofthe terms of its memorandum of association and articles of association or any ApplicableLaws or any covenant, Contract, agreement, arrangement, understanding, decree ororder to which it is a Party or by which it or any of its properties or assets is bound oraffected.It has no knowledge of any violation or default with respect to any order, writ,injunction or decree of any court or any legally binding order of any Governmentauthority which may result in any Material Adverse Effect on its ability to perform itsobligations under this Contract and no fact or circumstance exists which may give rise tosuch proceedings that would adversely affect the performance of its obligations underthis Contract.(k)Volume IIIIt has complied with Applicable Laws in all material respects and has not been subjectto any fines, penalties, injunctive relief or any other civil or criminal liabilities which inContractual and Legal Specifications25
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Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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