Project Requirements - Archaeological Survey of India

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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
Request for Proposal for establishing e-Governance Systems (vi) The measures which the Affected Party has taken or proposes to take, to alleviate the impact of the Event or to mitigate the damage; and (vii) Any other relevant information. (3) If the notice of an event is accepted by the other Party as valid, the two Principal Officers will initiate the actions required to be undertaken and the periodicity (at least once in a month) for the affected party to submit reports on the event to the other party. 5.11. Notices on Arbitration and Termination (1) Notice for arbitration or termination will be issued when all the mechanisms of dispute resolution listed in the governance procedure have failed to resolve or overcome the event. (2) The minutes of the EC will be the basis for issuing arbitration and/or termination notices. (3) The arbitration and termination notices will include :- (i) The details of events, default or disputes leading to arbitration or termination. (ii) In case of termination, a deadline and a plan of action for exit management. 5.12. Declaration of “Go- Live”. (1) The two Project Managers from the Buyer and SI, after satisfactory completion of all the activities as listed in the section on scope of SIS of the Article 3, and after scrutinizing all the inspection reports, audit findings, Contracts, licensing agreements etc. will initiate jointly the notice for declaring “Go Live”. (2) The “Go Live” notice is submitted to the “Project Management Committee” for action. (3) Within fifteen days of receiving the notice the Project ManagementCommittee will decide on the actions to be taken on “Go Live”. (4) If the project ManagementCommittee approves the Go-Live notice, the same is submitted to the EC. (5) The Go Live date comes into effect only when the EC approves the notice for Go Live. (6) In the event that any of the approving committees do not approve or suggest further action, the notices are reinitiated only after the recommended actions have been satisfactorily completed. RFP Volume 3: Draft Legal Contract Page 72
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Project Requirements - Archaeological Survey of India

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