CALL TO TENDER - Enit

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Art. 25 – Personal data protection The data, elements and every piece of information obtained during this procedure shall be used only and exclusively for the purposes of the tender award procedure. To this end, the Administration agrees to maintain confidentiality and guarantee absolute security of the same, even during handling with automatic and manual systems. Art. 26 – Request for documents and explanations Any information and explanations may be requested in English language by electronic mail at the following address: mumbaitender@enit.it. It is understood that explanations and information may be requested in English language before 7 (seven) days from the date of filing of the applications to take part in the tender procedure and the same can be consulted in the section of the ENIT website given above. Art. 27 – Governing law and resolution of disputes The applicable law shall be the Law of India. In the event of any disagreement, dispute, controversy or claim arising out of, under, in connection with or relating to this Contract or the breach, interpretation, termination or validity thereof (a “Dispute”), the Parties (hereinafter individually the “Disputing Party” and collectively the “Disputing Parties”) shall attempt to first resolve such Dispute through amicable settlement by the representatives of the Disputing Parties. If the Disputing Parties are not able to arrive at a mutually agreeable settlement of the Dispute through such discussions within seven (7) days after one Disputing Party has served a written notice on the other Disputing Party requesting the commencement of discussions, the Dispute shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 as in force on the date hereof or any subsequent amendment thereof. The provisions of Part I of the Arbitration and Conciliation Act, 1996 are expressly excluded. All arbitration proceedings shall be conducted by INTERNATIONAL CHAMBER OF COMMERCE (the “ICC”) in accordance with UNCITRAL RULES. The language for conducting arbitration shall be the English language and the place of arbitration shall be in Mumbai. The arbitration tribunal shall consist of three (3) arbitrators. ENIT shall appoint one (1) arbitrator and Winning Enterprise shall appoint one (1) arbitrator. The two (2) arbitrators thus appointed shall appoint the third arbitrator who shall be the presiding arbitrator. Each Disputing Party shall co-operate in good faith to expedite (to the maximum extent practicable) the conduct of any arbitral proceedings commenced under this Agreement. While any Dispute under this Agreement is pending, the Disputing Parties shall continue to perform such of their obligations under this Agreement that does not relate to the subject matter of the Dispute, without prejudice to the final determination in accordance with the provisions under this Article. 16
The costs and expenses of the arbitration, including, the fees of the third arbitrator, shall be borne equally by each Disputing Party. The Party which shall be rendered the arbitration in its favour shall have the right to seek reimbursement of its own fees, disbursements and other charges of its counsel and the arbitrators nominated by it from the other party, except as may be otherwise determined by the arbitration tribunal. The arbitral tribunal shall have the power to award interest on any sum awarded pursuant to the arbitration proceedings and such sum would carry interest, if awarded, until the actual payment of such amounts. Any award made by the arbitral tribunal shall be final and binding on each of the Parties that were parties to the dispute. Only the appropriate Courts in Mumbai shall have the exclusive jurisdiction to try or determine any issue arising out of or connected with this agreement. Art. 28 – Publication This Call To Tender will be published on the website www.enit.it and on the Economic Times. ROME, 5 December 2011 Dr. Valerio Scoyni 17
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Page 13 and 14: Art. 16 - Property rights The winni
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