Project Requirements - Archaeological Survey of India

Request for Proposal for establishing e-Governance Systems
5.9. Notice for Consultation
(1) The Party shall submit a notice for consultation for an event of default to the , with a copy to the other Party,
(2) The consultation notice will be accompanied by :-
(i) Description of the event of default.
(ii) The date and circumstances of default.
(iii) Documentary evidence if any of the event of default.
(3) The other Party ("Respondent") shall have the right to respond to the Consultation
Notice within 7 days after receipt of the Consultation Notice.
(4) The respective authorities will initiate the remedial process, with specific action and
timelines for action (not exceeding 90 days) to rectify the event of default, through
mutual discussions.
(5) The minutes of the meeting of the proceedings of the committees will serve as the basis
for action on consultation, withdrawal of notice or termination.
5.10. Notice of an Event
(1) The Affected Party shall give notice on the event to the other Party of the occurrence of
any event within 7 (seven) days after the Affected Party knew, or ought reasonably to
have known, of its occurrence.
(2) The Notice shall include details of :-
(i) The nature, time of occurrence and extent of the Force Majeure Event with
documentary evidence in respect thereof.
(ii) If the event is due to Change in Law, a certified copy of the changed law, the
effective date of the law and a copy of the earlier law which was applicable when
the Contract came into effect.
(iii) If the event is due to Change in Law, the notice will also include the list of articles
or part of the articles which will be impacted and suggestions if any for
modification.
(iv) Description of the adverse effect it has or is likely to have on the performance of
the party’s obligations under this Contract.
(v) The duration or estimated duration and the effect or probable effect the Event has
or will have on the Affected Party’s ability to perform its obligations or any of
them under this Contract.
RFP Volume 3: Draft Legal Contract Page 71