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CALL TO TENDER - Enit

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Art. 16 - Property rights<br />

The winning enterprise assumes every responsibility and charge arising from intellectual property<br />

rights, from industrial applications and of any other nature protected by private or legal protection,<br />

due to third parties in relation to the supplies and services.<br />

The enterprise also assumes the obligation to guarantee ENIT the safe and undisturbed possession<br />

and enjoyment of materials and services provided, and not to involve and hold harmless ENIT from<br />

any action or claim in this regard.<br />

Should legal action be taken against ENIT, said entity may terminate the contract with a specific<br />

declaration notified to the enterprise and will seize the deposit, without the obligation for warning<br />

or ruling from a judicial authority and without prejudice to any action for payment of damages<br />

suffered whenever the deposit is not sufficient to cover the damages suffered.<br />

Art. 17 – Validity<br />

The winning bidder will be asked for the probatory documents to confirm what he has declared at<br />

the time of the call to tenders during the execution period as in Article 1 above. In case of failure to<br />

render requested evidence, ENIT shall revoke the award and consequently award the contract in<br />

favour of the enterprise ranked second, and so on in decreasing order of ranking. In this case, ENIT<br />

shall forfeit the temporary deposit reserving its right to request any further payment for damages.<br />

Art. 18 – Charges and costs<br />

All charges and costs, none excluded, of the enterprises taking part in the bidding and any other<br />

charge and costs, related or consequent, shall be exclusively borne by the said enterprises. In any<br />

event, ENIT shall not reimburse the such charges and costs.<br />

Art. 19 – Testing<br />

All services are subject to testing by ENIT, according to the methods and time indicated in greater<br />

detail in the Technical requirements.<br />

Art. 20 – Payment and invoicing<br />

The payment of services rendered shall take place, from time to time, upon filing of an invoice and<br />

following testing of proper execution of the works, performed by an official of ENIT specifically<br />

designated for this purpose. ENIT will make payment to the invoice within 60 days from the date of<br />

receipt of said invoice.<br />

Art. 21 – Liquidated damages<br />

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