CALL TO TENDER - Enit

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Art. 11 – Other provisions and unforeseen circumstances The winning bidder agrees to satisfy the operative needs of ENIT in the realization of certain services not provided in the tender documents but which nevertheless form a part of or contribute to the better management of the event. The winning bidder agrees to make structural changes and changes to services during the work in progress, where necessary and compatibly with the time needed. Should such changes mean additional costs, the same shall be agreed to and authorized in advance and formally. Art. 12 – Additions and changes to the contract During the effectiveness of the contract, ENIT and the winning bidder agree on the possibility to execute specific additional memorandum of understandings, which constitute for all effects and purposes an agreement between the Parties in compliance with local laws which add to or change the provisions of the tender documents and are aimed at improving the efficacy and efficiency of the supply and services. In any case, the conditions, prices and terms laid down at the basis of the original award cannot be the object of any change. If, during the course of the execution of the contract, it may be necessary to make changes either as increase or decrease to the works or supplies, ENIT reserves its right to have them done by the winning bidder at the same conditions provided in the beginning in the tender contract, up to a fifth of the price provided therein. Art. 13 – Duration of the tender contract The duration of the service is from the beginning of the first event which is expected on 3 March 2012 in Mumbai and till the closure date which is expected on 22 April 2012 in Bangalore. It is hereby agreed and understood that ENIT has the right, for proven and justified reasons, to extend the terms which are strictly necessary for the realization of the services. The contract executed with the winning bidder of the tender shall be effective from the date of execution and shall continue until the completion of the award procedure and the settlement of any pending disputes and/or lawsuits pertaining to the tender contracts. Art. 14 – Coordination and supervision of ENIT ENIT has the choice and coordination of the parts which make up the final product, and also the right to request changes and/or additions to the project within the timeframe and with the methods provided in the contract. In order to allow the ENIT to exercise its rights as mentioned in the previous paragraph, the winning bidder agrees to file, during the execution of works, all the documents, projects, text and image material used, ensuring the execution of changes that the ENIT may deem to request. 10
In any case, the winning bidder assumes full liability for all that concerns the exactness of the advertising, literary, cartographic and image content of the works, those relating to the relative translations and also the completeness of the data. The winning bidder also agrees to meet the operative needs of ENIT in the realization of certain services not provided by this document but which are nevertheless form a part of or contribute to a better management of the event. Art. 15– Liabilities and obligations of the winning bidder The winning bidder is liable for the proper management of the service and of the costs that may be incurred by the Administration following the non fulfilment by the winning bidder and/or of its own employees of the obligations arising from the execution of the contract. The winning bidder has the obligation, during the realization of the service that is the object of the tender, to follow the instructions that shall be given by ENIT from time to time . ENIT or its authorized representative may at any time visit the location where the activity is carried on for the inspection from time to time. Winning bidder shall provide all the facilities for conducting such inspection and shall ensure such inspection does not hinder the regular business activities of the winning bidder. In particular, the winning bidder shall have the following obligations: 1. to guarantee the execution time of the services as provided in the Technical requirements; 2. to appoint a coordinator who is in charge of all communications with ENIT; 3. to guarantee the execution of the activities provided by appointment in close contact with ENIT, complying with the timeframe, methods and needs of ENIT; 4. not to make use of, either directly or indirectly, the mandate awarded and the information that will become aware of in relation to such mandate. Hence even after the expiry of the contract, winning bidder has agreed to maintain the strictest confidentiality on the information of which it becomes aware as a result of the execution of the tender contract; 5. to obtain any authorization and licence provided by Indian law in order to realize all the phases of the tender contract, as indicated in greater detail in the Technical requirements. The bidder is expected to examine carefully the contents of all the documents provided. Failure to comply with the requirements of tender document shall be at the bidder's own risk. It shall be deemed that prior to the submission of bidding documents that the bidder has: 1. made a complete and careful examination of terms & conditions/requirements, and other information set forth in this tender document; 2. received all such relevant information as it has requested from ENIT; and 3. made a complete and careful examination of the various aspects of the services to be provided. ENIT shall not be liable for any mistake or error or neglect by the bidder in respect of the above obligations. 11
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CALL TO TENDER - Enit

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