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Download - Department of Land Resources

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RFP for Resurvey project - Gandhinagar & other Five Districts <strong>of</strong> Gujarat State<br />

formulated in the course <strong>of</strong> or as a result <strong>of</strong> the Services. Confidential Information for the purposes<br />

<strong>of</strong> this clause means all the information that has been marked as “Confidential” at the time <strong>of</strong><br />

disclosure.<br />

b. The Client agrees with the Survey Agency that all information including the information relating to<br />

the Survey Agency’s trade secrets, know-how/technical data, research, products, strategies, internal<br />

procedures, employees and business opportunities and other proprietary information <strong>of</strong> the Survey<br />

Agency as described specifically as “Confidential Information” belongs to the Survey Agency and<br />

shall not disclose or divulge such confidential information to any third parties or make use or allow<br />

others to make use there<strong>of</strong>. These clauses, (a) and (b), shall survive the termination <strong>of</strong> this<br />

Agreement. However, the reports submitted by the Survey Agency to the Client shall become<br />

property <strong>of</strong> the Client and the Client is free to use any / all information mentioned in the report,<br />

procedures specified in the report, suggestions / conclusions made in the report and any such other<br />

information based on the report.<br />

3.6. Prohibition on Conflicting Activities<br />

The Survey Agency shall ensure that no member <strong>of</strong> the Personnel assigned to the Agreement shall engage,<br />

directly or indirectly, during the subsistence <strong>of</strong> this Agreement either in his name or in the name <strong>of</strong> his close<br />

relative or through the Survey Agency, in any other business or pr<strong>of</strong>essional activities which is likely to be<br />

in conflict or impact with the performance <strong>of</strong> his duties or assignment.<br />

3.7. Independent Contractor<br />

Nothing contained herein shall be construed as establishing or creating between the Client and the Survey<br />

Agency the relationship <strong>of</strong> Client and Contractor, it being understood that the position <strong>of</strong> the Survey Agency<br />

and <strong>of</strong> anyone else performing the Services is that <strong>of</strong> an Independent Contractor.<br />

3.8. Insurance<br />

The Survey Agency shall at its cost take out and maintain adequate pr<strong>of</strong>essional liability insurance as well<br />

as adequate insurance against third party liability and loss <strong>of</strong> or damage to equipment/person/property<br />

acquired in whole or in part with funds provided by the Client. The Client undertakes no responsibility in<br />

respect <strong>of</strong> any damage to person/property/equipment during the course <strong>of</strong> implementation <strong>of</strong> project.<br />

3.9. Notice <strong>of</strong> Delay<br />

The Survey Agency shall execute the work as per the time schedule prescribed in the Inception Report. In<br />

the event <strong>of</strong> any expected delay the Survey Agency shall inform the Client well in advance along with<br />

reasons for the delay. The Survey Agency may request for an appropriate extension <strong>of</strong> time for completion<br />

<strong>of</strong> the Services. However, the Client reserves the right to grant any such extension and the decision <strong>of</strong> the<br />

Client in this regard shall be final and binding on the Survey Agency<br />

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