Project Requirements - Archaeological Survey of India

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Request for Proposal for establishing e-Governance Systems valid and in force during the term of this Contract, and in the event of any failure or omission to do so, shall indemnify, keep indemnified, hold harmless, defend, protect and fully compensate the BUYER and its employees/ officers/ staff/ personnel/ representatives/agents from and against all claims or demands of liability and all consequences that may occur or arise for any default or failure on its part to conform or comply with the above and all other statutory obligations arising there-from. RFP Volume 3: Draft Legal Contract Page 23
Request for Proposal for establishing e-Governance Systems 8 Article 7: Force Majeure Events And Events Of Default 7.1. Force Majeure Events. (1) The failure or delay of a Party (“Affected Party”) to perform any obligation under this Contract solely by reason of “Force Majeure” event shall not be deemed to be a breach of this Contract, provided, however, that the Affected Party so prevented from complying shall continue to take all actions within its power to comply as fully as possible herewith and to remove or remedy such cause with all reasonable dispatch. ‘Force Majeure’ events are only those events which prevents or impedes the due performance of the Affected Party and which such Affected Party while observing due diligence is unable to avoid or overcome through its individual concerted effort. For the purpose of this Contract, Force Majeure event shall mean but not limited to acts of God not confined to the premises of the Affected Party, flood, drought, lightning or fire, earthquakes, strike, lock-outs beyond its control, labour disturbance not caused at the instance of the Affected Party, acts of government or other competent authority, “Change in Law”, war, terrorist activities, military operations, riots, epidemics, civil commotions etc. Notwithstanding anything contained herein, no failure, delay or other default of any contractor or sub-contractor to either Party shall entitle such Party to claim Force Majeure under this provision. (2) The Party seeking to rely on Force Majeure shall promptly, within 2 days, notify the other Party (“Non Affected Party”) of the occurrence of a Force Majeure event as a condition precedent to the availability of this defence with particulars detail in writing to the Non Affected Party and shall demonstrate that it has and is taking all reasonable measures to mitigate the events of Force Majeure. The Non Affected Party shall grant such postponement of the date of completion as may in all the circumstances be considered reasonable. (3) If any delay in the Affected Party’s performance caused by Force Majeure event exceeds ninety (90) days, the Non Affected Party may at its option terminate this Contract immediately. (4) Notwithstanding anything contained herein, the failure on the part of SI under the Contract to implement any disaster contingency planning and back-up and other data safeguards in accordance with the terms of the Contract against natural disaster, fire, sabotage or other similar occurrence shall not be an event of Force Majeure. (5) Notwithstanding the rights of SI during an event of Force Majeure, if it is essential for the BUYER to run its operations smoothly and uninterrupted, like in the case of war or external aggression, if the Project is under O&M Stage, the BUYER has the right to reject the notice of SI for a Force Majeure and request SI to provide the services required by RFP Volume 3: Draft Legal Contract Page 24
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Project Requirements - Archaeological Survey of India

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