Project Requirements - Archaeological Survey of India
Project Requirements - Archaeological Survey of India
Project Requirements - Archaeological Survey of India
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Request for Proposal for establishing e-Governance Systems<br />
(2) The BUYER or its associated entity shall provide SI with the statement <strong>of</strong> tax receipt <strong>of</strong><br />
any taxes deducted at source on payments under this Contract. SI agrees to reimburse<br />
and do not hold the BUYER accountable from any deficiency (including penalties and<br />
interest) relating to taxes that are its responsibility under this paragraph. For purposes<br />
<strong>of</strong> this Contract, taxes shall include taxes incurred on transactions between and among<br />
the BUYER, SI and any third party subcontractors.<br />
(3) In the event <strong>of</strong> any increase or decrease <strong>of</strong> the rate <strong>of</strong> taxes due to any statutory<br />
notification/s during the term <strong>of</strong> the Contract, the consequential effect shall be to the<br />
account <strong>of</strong> SI.<br />
(4) The Parties shall cooperate to enable each Party to accurately determine its own tax<br />
liability and to minimize such liability to the extent legally permissible. In connection<br />
therewith, the Parties shall provide each other with (i) any resale certificates, (ii) any<br />
relevant information regarding use <strong>of</strong> out-<strong>of</strong>-state materials, equipment or services and<br />
(iii) any exemption certificates or information reasonably requested by the other Party.<br />
4.4. Liquidated Damages. In the event <strong>of</strong> SI's failure to submit the Bonds, Guarantees and<br />
Documents, supply the <strong>Project</strong> Assets and conduct trials, installation <strong>of</strong> equipment and<br />
training as per Schedule III specified in this Contract, the BUYER may at his discretion<br />
withhold any payment until the completion <strong>of</strong> the Contract. The BUYER may also deduct<br />
from SI as agreed, liquidated damages to the sum <strong>of</strong> 0.5% <strong>of</strong> the Contract price <strong>of</strong> the<br />
delayed/undelivered stores/ services mentioned above for every week <strong>of</strong> delay or part <strong>of</strong> a<br />
week, subject to the maximum value <strong>of</strong> the Liquidated Damages being not higher than 5% <strong>of</strong><br />
the value <strong>of</strong> delayed stores. This right to claim any liquidated damages shall be without<br />
prejudice to other rights and remedies available to BUYER under the Contract and/or law.<br />
RFP Volume 3: Draft Legal Contract Page 17