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

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RFP for Selection of System Integrator of CCTNS(d)In the event of a termination effected in pursuance of this Article, or expiry of thisContract, the relevant provisions of the Exit Management (Schedule X) shall apply.9.4. SI obligations during Termination Period:-9.4.1. Transfer of assetsa) Termination during Design and Development Stage: In case of termination duringDesign and Development Stage, the BUYER shall provide a list of the Project Assets,Third Party contracts, and licenses to the Third Party Software used by the SI inpursuant to the Project, which it intends to obtain from the SI. SI shall transfer allsuch assets, third party contracts, third party software etc. mentioned in the list tothe BUYER at the prices quoted by it in the Bill of Materials in its Proposal, on thespecifications stated by the BUYER more elaborately detailed in RFP and mentioned inSchedule V of this Contract and accepted by the BUYER. In case certain payments arepending for the assets, third party contracts, third party software etc to betransferred in favour of the BUYER, then the SI will make all the required paymentsprior and pursuant to such transfer. Needless to say as the CAS (State) software isbeing given by the BUYER and is being enhanced and developed exclusively for theBUYER, thus all the ownership rights etc will always remain vested with the BUYER.BUYER may also require SI to transfer any of the SI Assets at prices mutually agreedbetween the Parties.b) Termination during Maintenance Stage: The warranties etc or any other Project Assetpurchased by SI pursuant to the Project shall be transferred to the BUYER.9.4.2. SCRB supplied equipment and facilitiesSI shall handover the peaceful possession of all the equipment and facilities supplied by theBUYER including and not limited to Odisha Police/ SCRB Supplied Equipment and to theProject Sites, pursuant to the Project. BUYER shall be entitled to claim the damages in caseof damage to any of the above mentioned equipment, facilities and sites etc by the SI.9.5. RiskUntil transfer in accordance with the Contract, during the Project, the Project Assets shallremain at the sole risk of SI except for any loss or damage caused to or suffered by SI due toany direct default on the part of the BUYER under this Contract.Volume IIIContractual and Legal Specifications40
RFP for Selection of System Integrator of CCTNS10. ARTICLE 10: Use of Undue Influence10.1. Undertaking by SIa) SI undertakes that it has not given, offered or promised to give, directly or indirectly anygift, consideration, reward, commission, fees brokerage or inducement to any person inservice of the BUYER or otherwise in procuring the Contract or forbearing to do or forhaving done any act in relation to obtaining or execution of the Contract or any otheragreement with the Government for showing or forbearing to show favour or disfavour toany person in relation to the Contract or any other agreement with the Government. Anybreach of the aforesaid undertaking by SI or any one employed by it or acting on itsbehalf (whether with or without the knowledge of SI) or the commission of any offenceby SI or anyone employed by it or acting on its behalf, as defined in Chapter IX of theIndian Penal Code, 1860 or the Prevention of Corruption Act, 1988 or any otheracts/legislations enacted for the prevention of corruption shall entitle the BUYER toforthwith terminate the Contract and all or any other contracts with SI and recover fromSI the amount of any loss arising from such cancellation. The decision of the BUYER or hisnominee to the effect that a breach of the undertaking had been committed shall befinal and binding on SI.b) Giving or offering of any gift, bribe or inducement or any attempt at any such act onbehalf of SI towards any officer/employee of the BUYER or to any other person in aposition to influence any officer/employee of the BUYER for showing any favour inrelation to this or any other Contract, shall render SI to such liability/ penalty as theBUYER may deem proper, including but not limited to termination of the Contract,imposition of penal damages, forfeiture of the bank guarantees (including PerformanceBank Guarantee) and seek immediate refund of the amounts paid by the BUYER.Volume IIIContractual and Legal Specifications41
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Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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