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Tender Notice Dt - Department of Health , J&K

Tender Notice Dt - Department of Health , J&K

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each <strong>of</strong> the terms <strong>of</strong> this Agreement by the hospital or any <strong>of</strong> its employees/doctors/othermedical staff.7. Law and Arbitrationi.The provisions <strong>of</strong> this Agreement shall be governed by, and construed in accordance with Indianlaw.ii.Any dispute, controversy or claims arising out <strong>of</strong> or relation to this Agreement or the breach,termination or invalidity there<strong>of</strong>, shall be settled by arbitration in accordance with the provisions <strong>of</strong>the (Indian) Arbitration and Conciliation Act, 1996.iii.The arbitral tribunal shall be composed <strong>of</strong> three arbitrators, one arbitrator appointed by each Partyand one another arbitrator appointed by the mutual consent <strong>of</strong> the arbitrators so appointed.iv.The place <strong>of</strong> arbitration shall be ________ and any award whether interim or final, shall be made,and shall be deemed for all purposes between the parties to be made, in _________.v.The arbitral procedure shall be conducted in the English language and any award or awards shallbe rendered in English. The procedural law <strong>of</strong> the arbitration shall be Indian law.vi.The award <strong>of</strong> the arbitrator shall be final and conclusive and binding upon the Parties, and theParties shall be entitled (but not obliged) to enter judgement thereon in any one or more <strong>of</strong> thehighest courts having jurisdiction.vii.The rights and obligations <strong>of</strong> the Parties under, or pursuant to, this Clause including the arbitrationagreement in this Clause, shall be governed by and subject to Indian law.viii.The cost <strong>of</strong> the arbitration proceeding would be born by the parties on equal sharing basis.NON – EXCLUSIVITYA. Insurer reserves the right to appoint any other provider for implementing the packages envisagedherein and the provider shall have no objection for the same.8. Severability78

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