U6509-3104 ABM Fire Fighting Package Tender ... - Bharat Petroleum

More documents

Recommendations

Info

Uhde India Pvt. Ltd. (f) The exceptions of article 5 shall not apply to any information furnished hereunder which: a) Is specific and, at the time of its disclosure hereunder, merely embraced by general information within the exceptions, or b) Is a combination of features of the Confidential Information, unless the combination itself, its principle of operation and method of use are within the exceptions. (g) Third-Party Disclosure. Despite the restrictions on disclosure contained in this Agreement, but only to the extent necessary for the Purpose, Bidder may disclose part of the Confidential Information to the following third parties: a) a vendor of commodity equipment or materials or a supplier of construction labor who will receive only a minor or non-critical portion, as determined by Axens in its sole and absolute discretion, of the Confidential Information and who, prior to such disclosure, has signed an agreement with Bidder or Axens containing restrictions on use and disclosure at least equivalent to those contained in this Agreement; or b) any other third party, including but not limited to, any detailed engineering contractor or manufacturer of specially-designed equipment, who, prior to such disclosure, has signed an agreement with Axens containing appropriate restrictions on use and disclosure; c) an Affiliate of Bidder that needs to know Confidential Information in connection with the Purpose and who, prior to such disclosure, has been informed by Bidder of the confidential nature and of the confidentiality obligations attached to such Confidential Information; provided, however, that (a) Bidder warrants that such Affiliate shall respect said confidentiality obligation and (b) Bidder has notified to Axens the name of the Affiliates to which Bidder has disclosed Confidential Information under this Article 7c) immediately after such disclosure. For the purpose of this Agreement, “Affiliate” means, in relation with any one of the parties, any company which, directly or indirectly, controls, is controlled by, or is under common control with such party. A company is controlled by the ownership of more than fifty percent (50%) of its voting rights. (h) Legally Compelled Disclosure. In the event that Bidder who is provided with the Confidential Information pursuant to this Agreement becomes legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process) to disclose any of the Confidential Information to third parties other than those identified above, Bidder will provide Axens with prompt notice so that Axens may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. In any such event, Bidder will use its best efforts to ensure that the Confidential Information will be accorded confidential treatment. (i) Disclaimer of Warranties. Axens makes no representations and extends no warranties or conditions of any kind, either express or implied, by operation of law or otherwise, with respect to the accuracy or completeness of the Confidential Information furnished hereunder. In no event shall Axens nor any of its Affiliates or subsidiaries be liable to Bidder for special, indirect, incidental or consequential damages, including, without limitation, loss of profits or goodwill, capital, loss of work expenses or claims, with respect to the Confidential Information. (j) Equitable Relief. Notwithstanding the provision of article 16, Bidder acknowledges that remedies at law are inadequate to protect against breach of this Agreement and agrees in advance, without prejudice to any rights to judicial relief Axens may otherwise have, to the granting of equitable relief, including an injunction and specific performance, in Axens’ favor without proof of actual damages or posting a bond. (k) Completion. Upon completion of the Purpose, or should Owner decide not to incorporate Axens' technology or not to proceed with the construction of the Unit under contract with Bidder, whichever occurs first, Bidder will return to Axens or destroy, at Axens' option, all of the Confidential Information in Bidder's possession (including, all originals, and all copies and derivations therefrom, in any medium); provided, however, that Bidder may retain one copy of the Confidential Information in a locked and limited access file for the sole purpose of determining Bidder's compliance under this Agreement. If requested by Axens, an appropriate officer of Bidder will certify to Axens that all such material has been so returned or destroyed. ITB for 66-6509-700 Page 17 of 22
Uhde India Pvt. Ltd. (l) Term. Bidder's obligations under this Agreement to protect the Confidential Information from unintentional disclosure shall terminate 20 (twenty) years after Bidder's receipt of the Confidential Information in question. (m) No License. Nothing in this Agreement shall be construed as granting Bidder a license, an option on a license or any right to operate under any patent, technology or know-how which IFP or Axens may, now or hereafter, have the right to license. (n) Governing Language. The governing language of this Agreement shall be English. (o) Governing Law. This Agreement and any dispute arising from the performance or breach hereof shall be governed by and construed and enforced in accordance with the laws of Switzerland, without reference to conflict of law principles. (p) Dispute resolution. The parties shall endeavor to solve amicably any dispute arising out of or relating to this Agreement. Any dispute which cannot be solved through this process shall be settled finally according to the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules. Such arbitration shall be conducted in English and shall be held in Geneva, Switzerland, or any alternate mutually agreeable location. Judgment upon the awards rendered may be entered in any court having jurisdiction thereof or application may be made to such court for a judicial acceptance of the awards and an order of enforcement as the case may be. (q) Assignment. This Agreement is not assignable in whole or in part by either party without the previous written consent of the other party; provided, however, that it may be assigned by either party without such consent to a successor to substantially all of such party’s business assets, including that part concerned with this Agreement. Confidentiality and limited use obligations between the parties and the provisions with respect to dispute resolution and applicable law shall survive any assignment of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representative as of the date last written below. [_______________________] Axens By ___________________________ By ______________________________ Name printed __________________ Jean-Pierre Smith Title __________________ Director of Legal Affairs Date __________________ Date __________________ ITB for 66-6509-700 Page 18 of 22
Page 1 and 2: A company of ThyssenKrupp Technolog
Page 3 and 4: Attn: Mr. Abhijeet Mithari / Mr. Vi
Page 5 and 6: Uhde India Pvt. Ltd. 1.0 INTRODUCTI
Page 7 and 8: Uhde India Pvt. Ltd. 11.0 OPENING O
Page 9 and 10: Uhde India Pvt. Ltd. placement of O
Page 11 and 12: Uhde India Pvt. Ltd. Bidder shall a
Page 13 and 14: Uhde India Pvt. Ltd. CUT-OUT SLIPS
Page 15 and 16: Uhde India Pvt. Ltd. ENVELOPE 2: UN
Page 17 and 18: Uhde India Pvt. Ltd. PROFORMA OF LE
Page 19: Uhde India Pvt. Ltd. CONFIDENTIALIT
Page 23 and 24: Uhde India Pvt. Ltd. UIPL Enquiry R
Page 25 and 26: Uhde India Pvt. Ltd. CHECK LIST FOR
Page 27 and 28: Uhde India Pvt. Ltd. Annexure 2 to
Page 29 and 30: INTEGRITY PACT Between Bharat Petro
Page 31 and 32: (2) If the Principal has terminated
Page 33: Section 10 - Other provisions (1) T
Page 350 and 351:
BHARAT PETROLEUM CORPORATION LTD Sp
Page 352 and 353:
Page 354 and 355:
Page 356 and 357:
Page 358 and 359:
Page 360 and 361:
Page 362 and 363:
Page 364 and 365:
Page 366 and 367:
Page 368 and 369:
Page 370 and 371:
Page 372 and 373:
Page 374 and 375:
Page 376 and 377:
Page 378 and 379:
BHARAT PETROLEUM CORPORATION LTD An
Page 380 and 381:
Page 382 and 383:
Page 384 and 385:
VENDOR LIST FOR BOUGHT OUT ITEMS FO
Page 386 and 387:
10 ESCO LTD., JAPAN 11 BHARAT HEAVY
Page 388 and 389:
9 AMFORGE INDUSTRIES 10 FIT TECH IN
Page 390 and 391:
Page 392 and 393:
1 CESARE BONETTI S.P.A., ITALY 2 SP
Page 394 and 395:
Page 396 and 397:
5 UNIKLINGER LTD 35 STEAM CONDENSAT
Page 398 and 399:
5 SARATHI ENGINEERING ENTERPRISE 6
Page 400 and 401:
Page 402 and 403:
Page 404 and 405:
2 KLAUS UNION, GERMANY 3 NIKKISO CO
Page 406 and 407:
3 KIRLOSKAR BROTHERS LTD. 4 KISHOR
Page 408 and 409:
3 MAZDA LTD., AHMEDABAD VENDOR LIST
Page 410 and 411:
2 BLUE STAR LTD., MUMBAI 3 C.DOCTOR
Page 412 and 413:
1 CHEMTROLS INDUSTRIES LTD. 2 FAING
Page 414 and 415:
3 INDUSTRIAL MOULDERS 4 LEBRACS RUB
Page 416 and 417:
79 SAMPLING SYSTEM 1 CHEMTROLS 2 UO
Page 418 and 419:
Page 420 and 421:
2 FLEXPRO ELECTRICALS PVT. LTD., IN
Page 422 and 423:
Page 424 and 425:
Page 426 and 427:
37 HIGH LIGHT MAST 1 BAJAJ 2 LYSAUG
Page 428 and 429:
5 ALTOP CONTROLS VENDOR LIST FOR BO
Page 430 and 431:
1 FLUIDYNE INSTRUMENTS PVT. LTD VEN
Page 432 and 433:
Page 434 and 435:
3 HONEYWELL AUTOMATION INDIA LTD 4
Page 436 and 437:
3 YOKOGAWA INDIA LTD. VENDOR LIST F
Page 438 and 439:
1 PHOENIX GERMANY 2 WAGO 76 MULTIPL
Page 440:
A company of ThyssenKrupp Technolog
show all

U6509-3104 ABM Fire Fighting Package Tender ... - Bharat Petroleum

Create successful ePaper yourself

Delete template?

Save as template?