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

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RFP for Selection of System Integrator of CCTNS18. ARTICLE 18: Indemnities, Limitations of Liabilities18.1. Third Party Claims(a) SI undertakes to indemnify the BUYER from and against all losses, claims or damages onaccount of bodily injury, death or damage to tangible personal property arising in favourof any person, corporation or other entity (including the BUYER) attributable to SI‟sperformance under this Contract.(b) The indemnities set out in this Articles shall be subject to the following conditions:-(i)The BUYER, as promptly as practicable, informs SI in writing of the claim orproceedings and provides all relevant evidence, documentary or otherwise.(ii) The BUYER may at its option (but shall not be obligated to), at the cost of SI, give SIall reasonable assistance in the defense of such claim including reasonable access toall relevant information, Documentation and personnel provided that the BUYERmay, at its sole cost and expense, reasonably participate, through its attorneys orotherwise, in such defense.(iii) If SI does not assume full control over the defense of a claim as provided in thisArticle, the BUYER may participate in such defense at cost and expense of SI.(iv) The BUYER shall not prejudice, pay or accept any proceedings or claim, orcompromise any proceedings or claim, without the written consent of SI.(v) All settlements of claims subject to indemnification under this Article will: (i) beentered into only with the consent of the BUYER, which consent will not beunreasonably withheld and include an unconditional release to the BUYER from theclaimant for all liability in respect of such claim; and (ii) include any appropriateconfidentiality agreement prohibiting disclosure of the terms of such settlement.(vi) The BUYER shall account to SI for all awards, settlements, damages and costs (ifany) finally awarded in favor of the BUYER which are to be paid to it, in connectionwith any such claims or proceedings;18.2. Limitation of Liability(a) SI‟s aggregate liability for actual direct damages shall be capped at 100% of the value ofthe Contract provided that this limit shall not apply to 1) the bodily injury (includingdeath) and damage to real property and tangible personal property caused by SI'snegligence and/or 2) the intellectual property infringement claims as per ARTICLE 14.(b) SI shall not in any event be liable for any indirect or consequential damages, or for loss ofprofit, business, revenue, goodwill, anticipated savings or Data, or third party claimsexcept with respect to bodily injury (including death) and damage to real and tangiblepersonal property.Volume IIIContractual and Legal Specifications60
RFP for Selection of System Integrator of CCTNS(c) Neither this Contract nor the services delivered by SI under this Contract grants orcreates any rights, benefits, claims, obligations or causes of action in, to or on behalf ofany person or entity (including any third party) other than between the respective Partiesto this Contract, as the case may be.(d) Title and Risk of Loss. SI shall bear the risk of loss on Project Assets; up to the time theyare transferred and handed over to the BUYER - after which it shall stand transferred tothe BUYER. SI shall arrange and pay for insurance to cover such item until it istransferred and even after the transfer of the Project Assets till the insurance policiescome up for a renewal.Volume IIIContractual and Legal Specifications61
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Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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