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

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RFP for Selection of System Integrator of CCTNSthe aggregate have or may have a Material Adverse Effect on its ability to perform itsobligations under this Contract.(l)All its rights and interests in the Project/Project Assets that are to be transferred tothe BUYER, pursuant to this Contract shall pass to and vest in the BUYER or its nomineeon the Transfer Date free and clear of all liens, claims and encumbrances, without anyfurther act or deed on its part or that of the BUYER, and that none of the Project Assetsthat are acquired by the BUYER shall be acquired by it, subject to any agreement underwhich a security interest or other lien or encumbrance is retained by any person, saveand except as expressly provided in this Contract.(m) No representation or warranty by it contained herein or in any other document furnishedby it to the BUYER including the Proposal or to any Government Authority contains orwill contain any untrue or misleading statement of material fact or omits or will omit tostate a material fact necessary to make such representation or warranty not misleading.(n)(o)(p)(q)(r)(s)No sums, in cash or kind, have been paid or will be paid, by it or on its behalf, to anyperson by way of fees, commission or otherwise for securing the Contract or enteringinto this Contract or for influencing or attempting to influence any officer or employeeof the BUYER in connection therewith.Agrees that the execution, delivery and performance by it of this Contract and all otheragreements, Contracts, documents and writings relating to this Contract constituteprivate and commercial acts and not public or governmental acts.Consents generally in respect of the enforcement of any judgement against it in anyproceedings in any jurisdiction to the giving of any relief or the issue of any process inconnection with such proceedings.Provide support in terms of annual maintenance for a minimum period of three yearsfrom the date of Go Live. The BUYER has the option to go for additional annualmaintenance for a period of two years.It shall co-operate and co-ordinate with Replacement SI as per provisions of Schedule Xof this Contract.It shall provide a monthly Availability and Performance Report in SCRB suggestedformat, to the SCRB at the end of every month containing the summary of all Incidentsreported to it and SI‟s related performance measurement for that period. The monthlyAvailability and Performance Report will be deemed to be accepted by the SCRB uponreview and signoff by both SI and SCRB.(t)Volume IIIIt must deploy Enterprise Management System and other tools as required and developadditional scripts (if required) for capturing the required data for service level reportgeneration in automated way. These tools shall play a critical role in monitoring theservice level compliance and hence will have to be customized accordingly. These toolsshould generate the Service Level monitoring report in the end of every month which isto be shared with SCRB on a monthly basis. The tools should also be capable ofContractual and Legal Specifications26
RFP for Selection of System Integrator of CCTNSgenerating Service Level reports on a monthly/quarterly/half-yearly basis. SCRB willaudit the tools and the scripts on a regular basis.(u)(v)It will achieve all the Service Levels within the time lines defined in Schedule II of thisContract and in its failure of achieving the same, it shall be liable to pay penalties tothe BUYER.Apart from fulfilling its other obligations as specified in this Contract, SI shall developInterfaces/ APIs for the required departments during CAS (State) Enhancementdevelopment including other applications and CAS (State) Portal to enable access andintegration.(w) SI shall certify, develop, test as per the requirements of RFP.5.2. Representations and Warranties of the BUYERThe BUYER represents and warrants to SI that:-(a)(b)It has full power and authority to execute, deliver and perform its obligations under thisContract.It has taken all necessary action to authorize the execution, delivery and performanceof this Contract.5.3. Warranties on the Supply and Services(a)(b)(c)(d)SI warrants that the Project Assets supplied under this Contract conform to technicalspecifications and functional requirement specifications prescribed in RFP and shallperform according to the said technical specifications.SI warrants that it will procure all the Project Assets and Third Party Software from thevendors of repute, duly approved by the BUYER. The BUYER hereby reserves its right toreject the assets and software procured by SI from any other vendor other than thevendors duly approved by the BUYER.SI warrants that the Project Assets are of the latest version, at the time of delivery tothe BUYER. They shall not be nearing end of sale/ end of support; and shall besupported by SI to ensure its efficient and effective operation for the entire OperativePeriod of Contract.SI warrants that the Project Assets supplied under this Contract shall be of the highestgrade and quality and consistent with the established and accepted standards. TheProject Assets shall be in full conformity with the specifications and shall operateproperly and safely. All recent design improvements in Project Assets, unless providedotherwise in the Contract shall also be made available.(e) SI warrants that the Project Assets shall be free from all encumbrances and defects /faults arising from design, material, manufacture or workmanship or from any act oromission of SI that may present a snag/fault, under normal use of the same.Volume IIIContractual and Legal Specifications27
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Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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