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

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