Project Requirements - Archaeological Survey of India

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Request for Proposal for establishing e-Governance Systems parties, whether such claims arise in respect of manufacture or use. Without prejudice to the aforesaid indemnity, SI shall be responsible for the completion of the supplies including spares and uninterrupted use of such Project Asset or any part thereof by the BUYER and persons authorised by the BUYER, irrespective of the fact of claims of infringement of any or all the rights mentioned above. (2) If, as a result of such claim, the BUYER is injuncted from using such Project Asset or any part thereof or is likely to be injuncted, SI, at its expense, shall (i) modify such Project Asset (provided its functionality is not impaired) so that it is no longer infringing and obtains a certificate to the said effect from the party claiming infringement, (ii) replace such Project Asset with a functionally equivalent component of the same qulaity, or (iii) obtain the right for the BUYER to continue using such Project Assets. (3) For a third party product supplied by SI, SI shall pass on to BUYER all the indemnities offered by the third party. 14.3. Trademarks and Publicity. Neither Party may use the trademarks of the other Party without the prior written consent of the other Party. Except as required by law or the rules and regulations of each stock exchange upon which the securities of one of the Parties is listed, neither Party shall publish or permit to be published either along or in conjunction with any other person any press release, information, article, photograph, illustration or any other material of whatever kind relating to this Contract, or the business of the Parties without prior reference to and approval in writing from the other Party, such approval not to be unreasonably withheld or delayed. RFP Volume 3: Draft Legal Contract Page 39
Request for Proposal for establishing e-Governance Systems 16 Article 15: Access To Book Of Accounts, Audit And Reporting 15.1. Access to Book of Accounts, Audit and Reporting. (1) SI shall provide access to the auditors of the BUYER, or the authorised representatives of the BUYER to the following or any such material required under circumstances, to determine compensation, payment of agent’s commission, unlawful payments, employment of suspected personnel for the Project, availability and grant of the authorisation to the authorized representatives of SI etc:- (i) Books of accounts. (ii) SI’s contracts. (iii) Recruitment and employment practices. (iv) Project loading practices and procedures. (v) The project management techniques and tools. (vi) The documentation standards. (vii) Statutory Books and Registers (2) SI should provide the BUYER or its authorized representatives necessary information/right to inspect the documents or information as per Schedule IX. RFP Volume 3: Draft Legal Contract Page 40
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Project Requirements - Archaeological Survey of India

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