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

RFP for Selection of System Integrator of CCTNS14.2. Infringement of Intellectual Property Rightsa) SI confirms that there shall be no infringement of any patent or intellectual & industrialproperty rights as per the applicable laws of relevant jurisdictions, having requisitecompetence, in respect of the Project Assets or any part thereof, supplied under thisContract. SI shall indemnify the BUYER against all cost/claims/legal claims/liabilitiesarising from third party claim at any time on account of the infringement orunauthorised use of patent or intellectual & industrial property rights of any suchparties, whether such claims arise in respect of manufacture or use. Without prejudiceto the aforesaid indemnity, SI shall be responsible for the completion of thedevelopment and uninterrupted use of such Project Asset or any part thereof by theBUYER and persons authorised by the BUYER, irrespective of the fact of claims ofinfringement of any or all the rights mentioned above.b) If, as a result of such claim, the BUYER is injuncted from using such Project Asset or anypart thereof or in is likely to be injuncted, SI, at its expense, shall (i) modify suchProject Asset (provided its functionality is not impaired) so that it is no longer infringingand obtains a certificate to the said effect from the party claiming infringement, (ii)replace such Project Asset with a functionally equivalent of the same, or (iii) obtain theright for the BUYER to continue using such Project Assets.c) For a third party product supplied by SI, SI shall pass on to BUYER all the indemnitiesoffered by the third party.14.3. Trademarks and PublicityNeither Party may use the trademarks of the other Party without the prior written consent ofthe other Party. Except as required by law or the rules and regulations of each stockexchange upon which the securities of one of the Parties is listed, neither Party shall publishor permit to be published either along or in conjunction with any other person any pressrelease, Information, article, photograph, illustration or any other material of whatever kindrelating to this Contract, or the business of the Parties without prior reference to andapproval in writing from the other Party, such approval not to be unreasonably withheld ordelayed.Volume IIIContractual and Legal Specifications48