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

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RFP for Selection of System Integrator of CCTNS7.8. Termination due to Events of Default.If upon the expiry of the Remedial Period, the underlying Event of Default is neither curednor waived, the Party who has issued the Consultation Notice shall have the right toterminate this Contract, in which event, inter alia, the provisions of ARTICLE 9 and SchedulesIX and X shall, to the extent expressly made applicable, apply.7.9. Remedies Cumulative.The exercise of right by either Party to terminate this Contract, as provided herein, shall notpreclude such Party from availing any other rights or remedies that may be available to itunder any other law or Contract. All remedies available to the Parties shall be cumulative andthe exercise or failure to exercise, one or more remedies by any Party shall not limit orpreclude the exercise of or constitute a waiver of any other remedies by such Party.Volume IIIContractual and Legal Specifications36
RFP for Selection of System Integrator of CCTNS8. ARTICLE 8: DISPUTE RESOLUTION8.1. Amicable Settlement.(a) If any dispute or difference or claims of any kind arise between the BUYER and SI inconnection with construction, interpretation or application of any terms and conditionsor any matter or thing in any way connected with or in connection with or arising out ofthis Contract pursuant to the Project or the rights, duties or liabilities of any Party underthis Contract, whether before or after the termination of this Contract, then the Partiesshall meet together promptly, at the request of any Party, in an effort to resolve suchdispute, difference or claim by discussion between them.(b) Any dispute arising out of or in connection with this Contract shall in the first instance bedealt with in accordance with the escalation mechanism as set out in the Schedule IX.(c) Assistance of Experts The Parties may, in appropriate cases agree to refer the matter toan Expert/s appointed by the BUYER. The cost of obtaining the service of the Expert shallbe shared equally.8.2. ArbitrationAny dispute or difference whatsoever arising between the Parties out of or relating to theconstruction, meaning, scope, operation or effect of this Contract or the validity of thebreach thereof, which cannot be resolved through the application of the provisions ofARTICLE 8.1 above, shall be taken to arbitration.8.3. Arbitratorsa) Failing amicable settlement and/or settlement with the assistance of Expert appointedby the Parties by mutual consent, the dispute or differences or claims as the case maybe, shall be finally settled by the arbitration proceedings shall be carried under theIndian Arbitration and Conciliation Act, 1996 and any statutory modification or reenactmentthereof.b) The arbitration shall be by a panel of three Arbitrators, one to be appointed by eachParty and the third, who shall act as presiding arbitrator, to be appointed by the twoarbitrators appointed by the Parties.c) The arbitration shall be invoked by any party issuing a 30 days written notice to the otherparty, invoking the arbitration and appointing an Arbitrator. Upon receipt of the notice,the other Party shall appoint the second Arbitrator. The two Arbitrators so appointedshall appoint the third Arbitrator who shall act as the „Presiding Arbitrator‟. In the eventof a vacancy caused in the office of the arbitrators, the Party which nominated sucharbitrator shall be entitled to nominate another in his place and the arbitrationproceedings shall continue from the stage they were left by the retiring arbitrator.d) In the event of one of the Parties failing to appoint an arbitrator within thirty (30) daysfrom the receipt of notice or if any of the Parties does not nominate another arbitratorwithin thirty (30) days of the place of arbitrator falling vacant, the appointment shall bemade upon request of the other Party by the Chief Justice of the Odisha High Court.Volume IIIContractual and Legal Specifications37
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Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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