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

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RFP for Selection of System Integrator of CCTNSEmail Address:Tel:(d) Any notice or other document shall be deemed to have been given to the other Party (or,if relevant, its relevant associated company) when delivered (if delivered in person)between the hours of 9.00 am and 5.00 pm (or on the next Working Day thereafter ifdelivered outside such hours) at the address of the other Party set forth above or if sentby fax, provided the copy fax is accompanied by a confirmation of transmission betweenthe hours of 9.00 am and 5.00 pm (or on the next Working Days thereafter if deliveredoutside such hours), and 7 Working Days from the date of posting (if by letter underRegd. AD)(e) Either Party to the Contract may change its address, telephone number, facsimilenumber and nominated contact for notification purposes by giving the other reasonableprior written notice of the new information and its Effective Date.20.3. Independent ContractorsNothing in this Contract shall be construed as establishing or implying any partnership or jointventure between the Parties to this Contract and, except as expressly stated in this Contract,nothing in this Contract shall be deemed to constitute any Parties as the agent of any otherParty or authorizes either Party:(a) To incur any expenses on behalf of the other Party,(b) To enter into any engagement or make any representation or warranty on behalf of theother Party,(c) To pledge the credit of or otherwise bind or oblige the other Party,(d) To commit the other Party in any way whatsoever without in each case obtaining theother Party's prior written consent.20.4. Sub ContractorsSI shall not subcontract any work related to the following works related to the design,development, and management of CAS (State) to be performed under this Contract withoutthe BUYER‟s prior written consent :-(a) Project management for the implementation of the CAS (State) Solution(b) Project management and implementation of CAS (State) including enhancements,modifications, extensions, integration, CAS (State) Portal, SMS Gateway, KnowledgeRepository(c) Augmentation of the SDC(d) Procurement, installation and commissioning of the DR(e) Network monitoring(f) Business design and process Documentation(g) Conference room pilot of the application(h) Roll out of the application(i) Continuous improvementVolume IIIContractual and Legal Specifications64
RFP for Selection of System Integrator of CCTNS20.5. Authority for Assignment(a) The BUYER may assign this Contract in whole or as part of a reorganization,restructuring, consolidation, merger, or as per the decisions of Government of Odisha.(b) SI shall not assign the Contract or its rights or its duties under this Contract either inwhole or in part without the prior written consent of the BUYER, and any attemptedassignment or delegation without such consent will be void. It is understood that transferof 25% or more voting share capital of SI by one transaction or a series of transaction infavour of any person or a group persons shall inter-alia be considered and deemed to bean assignment/transfer of this Contract and shall require prior written consent of theBUYER.20.6. Specific PerformanceSI acknowledges and agrees that the BUYER would suffer irreparable loss and damage in theevent any of the provisions of this Contract are not performed in accordance with theirspecific terms or are otherwise breached. Accordingly, SI agrees that BUYER shall be entitledto an injunction or such other equitable relief without notice to SI to prevent any breach ofthe provisions of this Contract and to enforce this Contract specifically and the terms andprovisions hereof in any action instituted in any court having jurisdiction over the Parties andthe matter, in addition to any other remedy to which the BUYER may be entitled, at law or inequity.20.7. SeverabilityIf any provision of the Contract, or any part thereof, shall be found by any court oradministrative body of competent jurisdiction to be illegal, invalid or unenforceable, theillegality, invalidity or unenforceability of such provision or part provision shall not affect theother provisions of the Contract or the remainder of the provisions in question which shallremain in full force and effect. The Parties shall negotiate in good faith in order to agree tosubstitute for any illegal, invalid or unenforceable provision a valid and enforceable provision,which achieves to the greatest extent possible the economic, legal and commercial objectivesof the illegal, invalid or unenforceable provision or part provision.20.8. WaiverNo waiver of any provision of this Contract shall be effective unless set forth in a writteninstrument signed by the Party waiving such provision. No failure or delay by a Party inexercising any right, power or remedy under this Contract shall operate as a waiver thereof,nor shall any single or partial exercise of the same preclude any further exercise thereof orthe exercise of any other right, power or remedy. Without limiting the foregoing, no waiverby a Party of any breach by any other Party of any provision hereof shall be deemed to be awaiver of any subsequent breach of that or any other provision hereof.20.9. SurvivalVolume IIIContractual and Legal Specifications65
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Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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