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

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RFP for Selection of System Integrator for CCTNSE-Governance Mission Mode Project: Crime & Criminals Tracking Network and SystemsInformation which is removed, only with the BUYER‟s prior written approval,from the BUYER‟s premises. SI agrees to comply with any and all terms andconditions the disclosing party may impose upon any such approved removal,such as conditions that the removed Confidential Information and all copiesmust be returned by a certain date, and that no copies are to be made off theBUYER‟s premises.e) Upon BUYER‟s request, SI will promptly return to the BUYER all tangible itemscontaining or consisting of the disclosing party‟s Confidential Information allcopies thereof.f) SI recognizes and agrees that all of the disclosing party‟s ConfidentialInformation is owned solely by the BUYER (or its licensors) and that theunauthorized disclosure or use of such Confidential Information would causeirreparable harm and significant injury, the degree of which may be difficult toascertain. Accordingly, SI agrees that the BUYER will have the right to obtainan immediate injunction enjoining any breach of this NDA, as well as the rightto pursue any and all other rights and remedies available at law or in equity forsuch a breach.g) Access to the Confidential Information hereunder shall not preclude anindividual who has seen such Confidential Information for the purposes of theNDA from working on future projects for the BUYER which relate to similarsubject matters, provided that such individual does not make reference to theConfidential Information and does not copy the substance of the ConfidentialInformation during the term of the Contract. Furthermore, nothing containedherein shall be construed as imposing any restriction on SI's disclosure or use ofany general learning, skills or know-how developed by SI's personnel under thisNDA, if such disclosure and use would be regarded by a person of ordinary skillin the relevant area as not constituting a disclosure or use of the ConfidentialInformation.h) As between the Parties, all Information shall remain the property of theBUYER. By disclosing Confidential Information or executing this NDA, theBUYER does not grant any license, explicitly or implicitly, under any trademark,patent, copyright, mask work protection right, trade secret or any otherintellectual property right. Execution of this NDA and the disclosure ofConfidential Information pursuant to this NDA do not constitute or imply anycommitment, promise, or inducement by either party to make any purchase orsale, or to enter into any additional agreement of any kind.i) The BUYER‟S failure to enforce any provision, right or remedy under this NDAshall not constitute a waiver of such provision, right or remedy.j) This NDA will be construed in, interpreted and applied in accordance with thelaws of Odisha.Volume IIIContractual & Legal Specification98
RFP for Selection of System Integrator for CCTNSE-Governance Mission Mode Project: Crime & Criminals Tracking Network and Systemsk) That in case of any dispute or differences, breach & violation relating to theterms of the NDA, the said matter or dispute, difference shall be referred tosole arbitration of the BUYER or any other person appointed by him. The awardof the arbitrator shall be final and binding on both the Parties. In the event ofsuch Arbitrator to whom the matter is originally referred to is being transferredor vacates his office on resignation or otherwise or refuses to do work orneglecting his work or being unable to act as Arbitrator for any reasonswhatsoever, the BUYER shall appoint another person to act as Arbitrator inplace of outgoing Arbitrator and the person so appointed shall be entitled toproceed further with the reference from the stage at which it was left by hispredecessor. SI will have no objection in any such appointment, that arbitratorso appointed is an employee of the BUYER. The said Arbitrator shall act underthe Provisions of the Arbitration and Conciliation Act, 1996 or any statutorymodifications or reenactment there of or any rules made thereof.l) This NDA and Exhibit A attached hereto constitutes the entire agreement of theparties with respect to the parties' respective obligations in connection withInformation disclosed hereunder and supersedes all prior oral and writtenagreements and discussions with respect thereto. The Parties can amend ormodify this NDA only by a writing duly executed by their respective authorizedrepresentatives. Neither party shall assign this NDA without first securing theother party's written consent.m) This NDA will remain in effect for, at the entire term of the Contract whichtime it will terminate, unless extended by the disclosing party in writing.IN WITNESS WHEREOF, the parties hereto have executed this NDA by their dulyauthorized officers or representatives.For and on behalf of BUYERFor and on behalf of (SI)An authorized signatory duly nominatedPursuant to Board Resolution No.()Director, SCRBGovernment of Odisha()Date:Date:Place: BhubaneswarPlace: BhubaneswarWitnessed byWitnessed by1. 1.2.Volume IIIContractual & Legal Specification99
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Odisha - CCTNS - RFP - VOL - National Crime Records Bureau

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