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Department of Information Technology ... - DOITC Rajasthan

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DoIT&C, GoR: RFP Template (eProc)<br />

otherwise insolvent. In such event, termination will be without compensation to the<br />

supplier/ selected bidder, provided that such termination will not prejudice or affect any<br />

right <strong>of</strong> action or remedy that has accrued or will accrue thereafter to DoIT&C.<br />

c) Termination for Convenience<br />

i. DoIT&C, by a written notice <strong>of</strong> at least 30 days sent to the supplier/ selected bidder<br />

may terminate the Contract, in whole or in part, at any time for its convenience. The<br />

Notice <strong>of</strong> termination shall specify that termination is for the Purchaser’s convenience,<br />

the extent to which performance <strong>of</strong> the supplier/ selected bidder under the Contract is<br />

terminated, and the date upon which such termination becomes effective.<br />

ii. Depending on merits <strong>of</strong> the case the supplier/ selected bidder may be appropriately<br />

compensated on mutually agreed terms for the loss incurred by the contract if any due<br />

to such termination.<br />

iii. The Goods that are complete and ready for shipment within twenty-eight (28) days<br />

after the supplier’s/ selected bidder’s receipt <strong>of</strong> the Notice <strong>of</strong> termination shall be<br />

accepted by the Purchaser at the Contract terms and prices. For the remaining Goods,<br />

the Purchaser may elect:<br />

a. To have any portion completed and delivered at the Contract terms and prices;<br />

and/or<br />

b. To cancel the remainder and pay to the supplier/ selected bidder an agreed amount<br />

for partially completed Goods and Related Services and for materials and parts<br />

previously procured by the supplier/ selected bidder.<br />

39) Exit Management<br />

a) Preamble<br />

i. The word ‘parties’ include the procuring entity and the selected bidder.<br />

ii. This Schedule sets out the provisions, which will apply on expiry or termination <strong>of</strong> the<br />

Project Implementation and Operations and Management <strong>of</strong> SLA.<br />

iii. In the case <strong>of</strong> termination <strong>of</strong> the Project Implementation and/ or Operation and<br />

Management SLA due to illegality, the Parties shall agree at that time whether, and if<br />

so during what period, the provisions <strong>of</strong> this Schedule shall apply.<br />

iv. The Parties shall ensure that their respective associated entities carry out their<br />

respective obligations set out in this Exit Management Schedule.<br />

b) Transfer <strong>of</strong> Assets<br />

i. The selected bidder may continue work on the assets for the duration <strong>of</strong> the exit<br />

management period which may be a period from the date <strong>of</strong> expiry or<br />

Page 63 <strong>of</strong> 97

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