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

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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
RFP for Selection of System Integrator of CCTNS(ii)Post-commencement of Maintenance Stage: If the event of Force Majeure occurspost commencement of operations and continues for a period in excess of 10(Ten) days, then the BUYER will grant a period of 10 (Ten) days to the SI toresume normal services under the Agreement. In case the default continues, theBUYER, if considers necessary, may grant an extension of time to the SI forrectifying the situation. However, the BUYER will deduct for each day of theextension period a percentage proportionate to the number of days and theaffected areas/s from the next payable amount. If there is any further delaydespite the extended period, the BUYER will have the option to invoke thePerformance Guarantee and/or terminate the Agreement.(b) Notwithstanding anything contained herein, the failure on the part of the SI under theContract to implement any disaster contingency planning and back-up and other datasafeguards against natural disaster, fire, sabotage or other similar occurrence shall notbe an event of Force Majeure.(c) Notwithstanding the rights of SI during an event of Force Majeure, if it is essential for theBUYER to run its operations smoothly and uninterrupted, like in the case of war orexternal aggression, if the Project is under annual maintenance Stage, the BUYER has theright to reject the notice of SI for a Force Majeure and request SI to provide the servicesrequired by the BUYER. However under these circumstances, it will be the responsibilityof the BUYER to provide security to SI personnel on duty and be responsible andaccountable for all the eventualities as per the Applicable Laws.7.2. SI Event of Default“SI Event of Default” means any of the following events unless such an event has occurred asa consequence of a Force Majeure Event:-(a) SI‟s failure to perform or discharge any of its obligations in accordance with theprovisions of this Contract.(b) The activities at any Project Site is abandoned by SI for more than 7 (Seven) Days duringthe Project.(c) A delay of more than 180 (one hundred and eighty) days from any Milestone date inachieving any of the performance obligations set forth for the relevant Milestone date.(d) Change in the structure of the Project team comprising of the Key Personnel (as definedin ARTICLE 16 and Schedule IV) by SI without written approval of the BUYER for thechanges.(e) Inability to staff the Project with competent team in case any of the team membersleave the Project either due to voluntary severance or disciplinary actions against them.(f) SI‟s failure to perform or discharge any of its obligations under any other projectcontract, which has or is likely to affect the Project/ facilities and services related to theProject, materially.Volume IIIContractual and Legal Specifications33
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Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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