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

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RFP for Selection of System Integrator of CCTNS(b) It is the responsibility of SI to ensure that all the personnel deployed by SI for the Projectare not involved in any criminal or antinational activities.(c) SI should submit the police verification records of any of the personnel of SI/ SubContractors.16.4. Sub Contract LiabilitiesAny sub contracting by SI shall be as per the terms of the Contract. It is understood by theParties that SI shall be liable for any such subcontracting and further SI shall be the principalemployer for all claims arising from the liabilities statutory or otherwise, concerning the subcontractors.SI undertakes to indemnify the BUYER or its nominated agencies from any claimson the grounds stated hereinabove.16.5. Third Party Personnel(a) In pursuance of the commitment made in the Contract, SI undertakes to take the servicesof experts from the OEM for the specific activities for the Third Party Software andproducts(b) The OEM personnel and the services rendered by them will be paid by SI.(c) The OEM personnel will report directly to the BUYER on their work, observations andaudit findings(d) BUYER will seek the deployment of the OEM personnel through SI within the framework ofthis Contract.(e) OEM personnel will not be treated as employees of the BUYER in any circumstanceswhatsoever and hence will not be held responsible for payment of any compensation etc.to them regarding their work pursuant to the Project.(f) OEM Personnel will be bound by all the provisions of the Contract including and notlimited to the confidentiality provisions provided herein.16.6. Liability for Actions of the Personnel(a) SI agrees to be responsible for managing the activities of its personnel or the personnel ofits subcontractors (if any) and shall be accountable for both.(b) The SI agrees and shall be vicariously liable for any acts, deeds or things done by theiremployees, agents, contractors, subcontractors, etc., which is outside the scope ofpower vested or instructions issued by the BUYER.(c) SI agrees and shall be the principal employer of the employees, agents, contractors,subcontractors, OEM personnel etc. engaged by SI and shall be vicariously liable for allthe acts, deeds or things, whether the same is within the scope of instructions or outsidethe scope of instructions set out in the Contract.(d) SI agrees to hold the BUYER, its successors, assignees, employees, representatives andadministrators fully indemnified and harmless against loss or liability, claims actions orproceedings, if any, that may arise from whatsoever nature caused to the BUYER throughthe action of its employees, agents, contractors, subcontractors, OEM Personnel etc.Volume IIIContractual and Legal Specifications52
RFP for Selection of System Integrator of CCTNS(e) The BUYER agrees to inform SI of all breaches and claims of indemnification and agreesto grant SI sole authority to defend, manage, negotiate or settle such claims; and makeavailable all reasonable assistance in defending the claims and the expenses of suchactivities are directly borne by SI.(f) The written demand by the BUYER as to the loss / damages stated in Articles 16.6(a) to(e) shall be final, conclusive and binding on SI and SI agrees and shall be liable to pay ondemand the actual amount of such loss / damages caused to the BUYER.16.7. Personnel during Exit Management(a) At any time during the exit management period, SI shall, subject to applicable laws,restraints and regulations (including in particular those relating to privacy) provide to theBUYER a list of all employees (with job titles) of SI dedicated to providing the services atthe commencement of the exit management period.(b) If the termination happens and the exit management provisions need to be invokedduring the design and development Stage, the BUYER will have the right to request theservices of the Key Personnel of SI to facilitate transfer of knowledge to the BUYER or theReplacement SI as per the Schedule X.(c) On the termination of the Contract during annual maintenance Stage, the BUYER willhave the right to identify SI personnel and demand their presence for knowledge transferto the BUYER or the Replacement SI.(d) If the BUYER hires the services of another agency on the expiry of the Contract, or beforethat, to carry out the next phase of “roll out” of the application, SI shall cooperate withthe new agency in knowledge transfer and the BUYER shall have the right to demand thepresence of the required personnel from SI for this purpose.16.8. Non Hiring(a) During the term of the Contract and for a period of one year thereafter, except asotherwise provided under this Contract neither party shall (either directly or indirectlythrough a third party) employ, solicit to employ, cause to be solicited for the purpose ofemployment or offer employment to any employee/s or sub contractor/s of the otherparty, or aid any third person to do so, without the specific written consent of the otherparty.(b) The clause does not prevent hiring based on responses by employees to publicadvertisement on any media that are not specifically targeted at the other Party‟semployees.Volume IIIContractual and Legal Specifications53
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Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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