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

RFP for Selection of System Integrator of CCTNS7. ARTICLE 7: Force Majeure Events and Events of Default7.1. Force Majeure Events(a) The failure or delay of a Party (“Affected Party”) to perform any obligation under thisContract solely by reason of “Force Majeure” event shall not be deemed to be a breachof this Contract, provided, however, that the Affected Party so prevented fromcomplying shall continue to take all actions within its power to comply as fully as possibleherewith and to remove or remedy such cause with all reasonable dispatch. „ForceMajeure‟ events are only those events which prevents or impedes the due performance ofthe Affected Party and which such Affected Party while observing due diligence is unableto avoid or overcome through its individual concerted effort. For the purpose of thisContract, Force Majeure event shall mean but not limited to acts of God not confined tothe premises of the Affected Party, flood, drought, lightning or fire, earthquakes, strike,lock-outs beyond its control, labour disturbance not caused at the instance of theAffected Party, acts of government or other competent authority, “Change in Law”, war,terrorist activities, military operations, riots, epidemics, civil commotions etc.Notwithstanding anything contained herein, no failure, delay or other default of anycontractor or sub-contractor to either Party shall entitle such Party to claim ForceMajeure under this provision.(b)The Party seeking to rely on Force Majeure shall promptly, within 2 days, notify theother Party (“Non Affected Party”) of the occurrence of a Force Majeure event as acondition precedent to the availability of this defense with particulars detailed in writingto the Non Affected Party and shall demonstrate that it has and is taking all reasonablemeasures to mitigate the events of Force Majeure. The Non Affected Party may grantsuch extension of the date of completion as may be considered reasonable in thosecircumstances.(c) If any delay in the Affected Party‟s performance caused by Force Majeure event exceedsninety (90) days, the Non Affected Party may at its option terminate this Contractimmediately.(a) In the event the Force Majeure substantially prevents, hinders or delays the SI'sperformance of Services necessary for Project‟s implementation or the operation ofProject‟s critical business functions for a period in excess of 30 (Thirty) days, the BUYERmay declare that an emergency exists. However, when the situation arising out of ForceMajeure comes to an end in the assessment of BUYER, the following conditions shallapply:(i)Volume IIIPrior to commencement of Maintenance Stage: If the event of Force Majeureoccurs prior to commencement of operations and continues for a period in excessof 15 (Fifteen) days, then the BUYER will grant a period of 15 (Fifteen) days tothe SI to resume normal activities under the Agreement. In case the defaultcontinues, and SI does not resume normal activities under this Agreement, theBUYER will have the option to invoke the Performance Guarantee and/orterminate this Agreement forthwith, without any liability (except the paymentsdue to the SI for the Services already rendered under the SLA) after intimatingthe SI of the same in writing.Contractual and Legal Specifications32