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

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RFP for Selection of System Integrator of CCTNSe) Both the Parties will make attempts to appoint arbitrators with background inInformation Technology related activities, Information Technology related acts,understanding of the processes and activities of police organizations and anunderstanding of the software applications .8.4. Place of ArbitrationPlace of arbitration will be Bhubaneswar, Odisha.8.5. Language for ArbitrationThe request for arbitration, answer to the request, terms of reference, any writtensubmissions, any orders and rulings shall be in English and, if oral hearings take place,English shall be the language to be used in the hearings.8.6. ProcedureThe procedure to be followed within the arbitration, including appointment ofarbitrator/arbitral tribunal, the rules of evidence which are to apply shall be in accordancewith the Arbitration and Conciliation Act, 1996 and any statutory modification or reenactmentthereof.8.7. Enforcement of AwardAny decision or award resulting from arbitration shall be final and binding upon the Parties.The Parties hereto agree that the arbitral award may be enforced against the Parties to thearbitration proceeding or their assets wherever they may be found and that a judgment uponthe arbitral award may be entered in any court having jurisdiction thereof.8.8. Fees and Expenses(a) The fees and expenses of the arbitrators and all other expenses of the arbitration shallbe initially borne and paid equally by respective Parties subject to determination by thearbitrators.(b) The arbitrators may provide in the arbitral award for the reimbursement to thesuccessful party of its costs and expenses in bringing or defending the arbitration claim,including legal fees and expenses incurred by the Party.8.9. Performance during ArbitrationPending the submission of and/or decision on a dispute, difference or claim or until thearbitral award is made; the Parties shall continue to perform all of their obligations under thisContract without prejudice to a final adjustment in accordance with such award.Volume IIIContractual and Legal Specifications38
RFP for Selection of System Integrator of CCTNS9. ARTICLE 9: TERMINATION AND TRANSFER9.1. Termination Procedurea) The Party entitled to terminate this Contract either on account of a Force Majeure Eventor on account of an Event of Default shall do so by issue of a notice in writing as perSchedule IX to the other Party. The Termination Notice shall be of not more than 30(thirty) days, (“Termination Period”) and at the expiry of the Termination Period, thisContract shall stand terminated without any further notice.b) In case SI is in material breach of its obligations (including and not limited to the SI Eventof Default) or its representation and warranties under this Contract, the BUYER mayterminate this Contract upon notice to SI. Any notice served pursuant to this Article shallgive reasonable details of the material breach, which could include the following events:(i) If there is breach which translates into default in providing Services by SI pursuant tothe Contract, continuously for more than one week, then the BUYER, will serve a 30(Thirty) days notice in writing (as per Schedule IX) to SI for curing such breach. In casethe breach continues after the notice period, the BUYER will have the option toterminate the Contract at the end of the notice period and forfeit the PerformanceBank Guarantee.(ii) In case there is a delay of more than 4 (Four) weeks in completion of the DesignDevelopment and Management Phase by SI, the BUYER may terminate this Contractand forfeit the Performance Bank Guarantee, after affording a reasonable opportunityto SI to explain the circumstances leading to such a delay.9.2. Obligations during Termination Period.During Termination Period, SI shall, subject to where applicable to the provisions of thisArticle, continue to perform its obligations under this Contract including and not limitedto co-operation and co-ordination with Replacement SI pursuant to Schedule X of thisContract, failing which the SI shall compensate the BUYER for any loss or damageoccasioned or suffered on account of the underlying failure/breach.9.3. Consequence of Termination.(a) The liability of BUYER in case of termination of the Contract initiated on account ofBUYER event of default or Force Majeure shall be limited to payment for the Services, upto the Milestone immediately preceding the Milestone, SI would be working on at thetime of termination.(b) In case of termination due to SI Event of Default, SI shall pay damages to the BUYER, andin case of SI‟s failure in payment of such damages, BUYER shall be entitled toencashment of all bank guarantees furnished by the BUYER and all outstanding payments.Any additional expenditure arising from subsequent negotiations of the Contract with anyother agency will also be SI‟s liability. Final payment up to the last completed Milestonewill be after handing over the complete documentation and meeting all requirements asper the Contract to the satisfaction of SCRB.(c) In case termination is due to SI‟s failure in meeting the Service Levels in pursuant to thisContract, the BUYER shall also be entitled to claim penalties as per the provisions ofSchedule II.Volume IIIContractual and Legal Specifications39
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Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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