Project Requirements - Archaeological Survey of India

More documents

Recommendations

Info

Request for Proposal for establishing e-Governance Systems (2) The BUYER or its associated entity shall provide SI with the statement of tax receipt of any taxes deducted at source on payments under this Contract. SI agrees to reimburse and do not hold the BUYER accountable from any deficiency (including penalties and interest) relating to taxes that are its responsibility under this paragraph. For purposes of this Contract, taxes shall include taxes incurred on transactions between and among the BUYER, SI and any third party subcontractors. (3) In the event of any increase or decrease of the rate of taxes due to any statutory notification/s during the term of the Contract, the consequential effect shall be to the account of SI. (4) The Parties shall cooperate to enable each Party to accurately determine its own tax liability and to minimize such liability to the extent legally permissible. In connection therewith, the Parties shall provide each other with (i) any resale certificates, (ii) any relevant information regarding use of out-of-state materials, equipment or services and (iii) any exemption certificates or information reasonably requested by the other Party. 4.4. Liquidated Damages. In the event of SI's failure to submit the Bonds, Guarantees and Documents, supply the Project Assets and conduct trials, installation of equipment and training as per Schedule III specified in this Contract, the BUYER may at his discretion withhold any payment until the completion of the Contract. The BUYER may also deduct from SI as agreed, liquidated damages to the sum of 0.5% of the Contract price of the delayed/undelivered stores/ services mentioned above for every week of delay or part of a week, subject to the maximum value of the Liquidated Damages being not higher than 5% of the value of delayed stores. This right to claim any liquidated damages shall be without prejudice to other rights and remedies available to BUYER under the Contract and/or law. RFP Volume 3: Draft Legal Contract Page 17
Request for Proposal for establishing e-Governance Systems 6 Article 5: Representation and Warranties 5.1. Representations and Warranties and Covenants of SI. SI represents and warrants and covenants to the BUYER that: (1) It is duly organised, validly existing and in good standing under the laws of India and hereby expressly and irrevocably waives any immunity in any jurisdiction in respect of this Contract or matters arising thereunder including any obligation, liability or responsibility hereunder. (2) It has full power and authority to execute, deliver and perform its obligations under this Contract. (3) It has taken all necessary action to authorise the execution, delivery and performance of this Contract. (4) This Contract constitutes the legal, valid and binding obligation of SI, enforceable against it in accordance with the terms hereof. (5) There are no actions, suits or proceedings pending or to its best knowledge, threatened against or affecting it before any court, administrative body or arbitral tribunal which might materially and adversely affect its ability to meet or perform any of its obligations under this Contract. (6) It has the financial standing and capacity to undertake the Project in accordance with the terms of this Contract. (7) The execution, delivery and performance of this Contract will not conflict with, result in the breach of, constitute a default under, or accelerate performance required by any of the terms of its memorandum of association and articles of association or any Applicable Laws or any covenant, Contract, agreement, arrangement, understanding, decree or order to which it is a Party or by which it or any of its properties or assets is bound or affected. (8) It has no knowledge of any violation or default with respect to any order, writ, injunction or decree of any court or any legally binding order of any Government authority which may result in any Material Adverse Effect on its ability to perform its obligations under this Contract and no fact or circumstance exists which may give rise to such proceedings that would adversely affect the performance of its obligations under this Contract. (9) It has complied with Applicable Laws in all material respects and has not been subject to any fines, penalties, injunctive relief or any other civil or criminal liabilities RFP Volume 3: Draft Legal Contract Page 18
Page 1 and 2:
Request for Proposal For establishi
Page 3 and 4:
Request for Proposal for establishi
Page 5 and 6:
Page 7 and 8:
Page 9 and 10:
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Request for Proposal For establishi
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84: Request for Proposal for establishi
Page 117 and 118: Request for Proposal For establishi
Page 133: Request for Proposal for establishi
Page 185 and 186:
Page 187 and 188:
Page 189 and 190:
Page 191 and 192:
Page 193 and 194:
Page 195 and 196:
Page 197 and 198:
Page 199:
show all

Project Requirements - Archaeological Survey of India

Create successful ePaper yourself

Delete template?

Save as template?