dakshin haryana bijli vitran nigam - Tender

(ii) “fraudulent practice” means a misrepresentation of facts in order to influence
a procurement process or the execution of a contract to the detriment of the
Nigam, and includes collusive practice among Tenderers (prior to or after tender
submission) designed to establish tender prices at artificial, non-competitive levels
and to deprive the Nigam of the benefits of free and open competition;
(b) will reject a proposal for award if it determines that the Tenderer recommended for award
has engaged in corrupt or fraudulent practices in competing for the contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded
a Nigam contract if it at any time determines that the firm has engaged
in corrupt or fraudulent practices in competing for, or in executing, a Nigam contract.
27. PATENT RIGHTS
The supplier shall indemnify the Purchaser against all third-party claims of infringement of patent,
trademark or industrial design rights arising from use of the Goods or any part thereof in India.
In the event of any claim asserted by a third party of infringement of copyright, patent, trademark
or industrial design rights arising from the use of the Goods or any part thereof in the
Purchaser’s country, the supplier shall act expeditiously to extinguish such claim. If the
supplier fails to comply and the Purchaser is required to pay compensation to a third party
resulting from such infringement, the supplier shall be responsible for the compensation
including all expenses, court costs and lawyer fees. The Purchaser will give notice to the supplier
of such claim, if it is made, without delay.
28. SETTLEMENT OF DISPUTES
If any dispute or difference of any kind whatsoever will arise between the Purchaser and the
Supplier in connection with or arising out of the Contract, the parties will make every effort to
resolve amicably such dispute or difference by mutual consultation.
If, after thirty (30) days the parties have failed to resolve their dispute or difference by such
mutual consultation, then either the Purchaser or the Supplier may give notice to the other party
of its intention to commence arbitration, as hereinafter provided, as to the matter in dispute, and
no arbitration in respect of the matter may be commenced unless such notice is given.
29. ARBITRATION
Place :
All matter questions, disputes, differences and/or claims arising out of and/or concerning and/or
in connection and/or in consequences or relating to this Contract whether or not obligations of
either or both parties under the contract be subsisting at the time of such dispute and whether
or not the contract has been terminated or purported to be terminated or completed, shall
be referred to the Sole Arbitration of the M.D DHBVN or an officer appointed by the MD
DHBVN as his nominee. The Award of the Arbitration shall be final and binding on the
parties to this contract.
The objection that the Arbitrator has to deal with the matters to which the Contract relates
in the course of his duties or he has expressed his views on any or all of the matters in
dispute of difference, shall not be considered as a valid-objection.
The arbitrator may from time to time with the consent of parties to the contract enlarge the
time for making the Award. The venue of arbitration shall be the place from which the
acceptance of offer is issued or such other place as the arbitrator in his discretion may
determine.
The parties to the contract agree that cost of arbitration shall the as per the instructions of the
Nigam issued/prevalent on the date of appointment of arbitrate tribunal.
Subject to aforementioned provisions, the provisions of the Arbitration and conciliation Act,
1996 and the Rules there under any statutory modifications thereof for the time being in
force, shall be deemed to apply to the Arbitration proceedings under the clause.
Date : Signature of the Supplier.