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

RFP for Selection of System Integrator of CCTNS(g) Any representation made or warranties given by SI under this Contract are found to befalse or misleading.(h) If SI has given false Information in qualifying for the Project or getting selected or anyInformation provided by the SI during the procurement process is found to be false.(i)Appointment of a provisional liquidator, administrator, trustee or receiver of the wholeor substantially whole of the undertaking of SI by a court of competent jurisdiction inproceedings for winding up or any other legal proceedings.(j) Levy of an execution or restraint on SI‟s assets which has or is likely to have MaterialAdverse Effect and/or affect the Project and services related to the Project, materiallyand such execution or restraint remaining in force for a period exceeding 90 (ninety)Days.(k) The Performance Bank Guarantee and any other securities required to be maintainedunder this Contract is not maintained in terms of the provisions hereof.(l) SI abandons or expresses its intention to revoke/terminate this Contract without beingentitled to do so as is expressly provided in the Contract.(m) Change in constitution/organization of SI which violates the pre-qualification criteriaused in RFP process.(n) Amalgamation of SI with any other company or reconstruction or transfer of the whole orpart of the Project or the revenue earning parts of the Project [other than transfer ofassets in the ordinary course of business] in contravention with the provisions of ARTICLE2 hereof; and(o) SI engages or knowingly allows any of its employees, agents, Contractor or representativeto engage in any activity prohibited under this Contract and/or by law or whichconstitutes a breach of the Contract or breach of or an offence under any law, in thecourse of any activity undertaken pursuant to this Contract.(p) SI suffers a change of Control. For the purpose of this provision the change of control ofSI would happen if:(q) If the promoter group of SI ceases to control the board of directors of SI; or(r) Any reduction in the cumulative shareholding of the promoter group of SI falls below 26%of the total paid up equity share capital of SI.Note: For this provision “Promoter group” shall mean the names of the promoters andentities as defined under the Monopolies and Restrictive Trade Practices Act,1969 read withSection 3(1)e(1) of the SEBI (Substantial Acquisition of Shares and Takeover)Regulations,1997 of as mentioned below.(i) partner representing (ii)Volume IIIContractual and Legal Specifications34