26
,(**}'ffi il,:*":,T:T;riT,?irii,u'n"Phase: {sponsored by syndicate Bank Telefax:0591.2455177 A59L-2455180 A Govt. of lndia undertaking) Telephone: 0591 *2455L79 e-mail: [email protected] PBHAtAfl 78 t2018 Date: 18.06.2A18 Sub:. RFP for comprehensilre onsite maintenance contract forJnaintenance oi computer hardweEl & peripherals. The RFP document is available at our Bank's website htto://www.orathamabank.org and can be ANK downloaded from website. Please note: The above mentioned dates are tentative dates and the Bidder acknowledges Bank responsible for any revision in these dates. The bids will be opened in the who choose to be present at the time of opening of bids. or*u^o. rif that he cannot hold presence of bidders Bank reserves the right to modify the terms of this RFP at any time and as many times as it may feel it fit till the time the bids are received and all such modifications would be published on the Bank's website only. No paper notification will be made for such modifications. Bank reserves the right to accept or reject part or full, any or all offers without assigning any reason thereof. lssued by: GeneralManager Prathama Bank Head Office Ramganga Vihar -Phase *ll MORADABAD.244OOL Contact Person: John Dennis Kujur -9817327827 {SPOC for this RFP} Contact Numbers: o59 12455LV6, 059 12455 L79, A59 12455 178 Copyright 2018 Prathama Bank, All Right Reserved M -*12--' Tender Reference Number and Date Ref: PBHO/DIT/ 78129fi, DATED: 18 .06.2018 12-47-24fi upto 02:00 PM Last date of submitting the Bid Documents 15-A7-2078 upto 02:00 PM Date of openins of Bids L6-07-ZAL8 @ 3:00 PM Date of opening of commercial Bids L7-O7-2OL8 @ 1:00 PM Non-refundable Rs.5,000/ in form of DD or" Bankers Cheques/NEFT (Bcl/Account#: 98801902002 IFSC Code:PRTH0000001 and share the p"i pnaruapia Page | 1 v

Bank undertaking)prathmabank.org/RFP-CAMC-2018.pdf · A Govt. of lndia undertaking) Telephone ... 4.9 An affidavit stating that in the ... parties understand that no representation

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,(**}'ffi il,:*":,T:T;riT,?irii,u'n"Phase:

{sponsored by syndicate Bank Telefax:0591.2455177 A59L-2455180

A Govt. of lndia undertaking) Telephone: 0591 *2455L79e-mail: [email protected]

PBHAtAfl 78 t2018 Date: 18.06.2A18

Sub:. RFP for comprehensilre onsite maintenance contract forJnaintenance oi computer hardweEl

& peripherals.

The RFP document is available at our Bank's website htto://www.orathamabank.org and can be

ANK

downloaded from website.

Please note:

The above mentioned dates are tentative dates and the Bidder acknowledges

Bank responsible for any revision in these dates. The bids will be opened in thewho choose to be present at the time of opening of bids.

or*u^o. rif

that he cannot holdpresence of bidders

Bank reserves the right to modify the terms of this RFP at any time and as many times as it may feel itfit till the time the bids are received and all such modifications would be published on the Bank's

website only. No paper notification will be made for such modifications.

Bank reserves the right to accept or reject part or full, any or all offers without assigning any reason

thereof.

lssued by:GeneralManagerPrathama Bank

Head OfficeRamganga Vihar -Phase *llMORADABAD.244OOL

Contact Person: John Dennis Kujur -9817327827 {SPOC for this RFP}

Contact Numbers:o59 12455LV6, 059 12455 L79, A59 12455 178

Copyright 2018 Prathama Bank, All Right Reserved M

-*12--'

Tender Reference Number and Date Ref: PBHO/DIT/ 78129fi, DATED: 18 .06.2018

12-47-24fi upto 02:00 PM

Last date of submitting the Bid Documents 15-A7-2078 upto 02:00 PM

Date of openins of Bids L6-07-ZAL8 @ 3:00 PM

Date of opening of commercial Bids L7-O7-2OL8 @ 1:00 PM

Non-refundable Rs.5,000/ in form of DD or" Bankers

Cheques/NEFT (Bcl/Account#: 98801902002 IFSC

Code:PRTH0000001 and share thep"i pnaruapia

Page | 1 v

PBHAtDtTt 78 t2A18 Date: 18.06.20ta

Annexure - 8...............

Annexure-C

Copyright 2018 Prathama Bank, AII Right

14

15

L6

,,,.,.L7

*

t\

Page | 2 5-N"

PBHOtDtTt 78 {2018 Date: 18.06.2018

t

Page | 3 Copyright 2018 Prathama Bank, All Right Reserved

"y'P

HARDWARES WHOSE WARRANW IS EXPIiffi__'I{LSO TO BE COVERED UNDER AMC AFTER WARRANW EXptRyl

DMPLaser

Printerlnk TankPrinter Passbook Printer Scanner Server

30 19 1 9L 81 1"3

PBHOtDtTt 78 t2018

TO,

Date: 18.A6.2A18

ALL ETIGIBLE VENDORS

$ub: RFP for AMC of Computer related hardware of al! six reqion branches. RO's a,nd Head Office.

We request you to submit your best quotes for the AMC of Hardware and Peripherals as per thedetails furnished in this document, for use in Branches and Offices of Prathama Bank.

Network of Branches: Prathama Bank has following operational area.1. Moradabad2. Thakurdwara3. Rampur4. Alipur Chopla6. Sambhal

Spread across the districts of Moradabad, Rampur, Amroha and Sambhal of Uttar pradesh.

BRIEF DESCRIPTION OF THE TOTAL HARDWARE COUNT

Desktop DMPLaser

Printerlnk TankPrinter

PassbookPrinter Scanner Server

LinePrinter

L473 2L9 35 11 245 287 136 3

Table {a}

Table (b)

* Note: 1. The age-wise breakup of hardware, in Table (a) is present in Annexure-F.

2. Purchase order of Table {b} will be provided after expiry of warranty of the hardware"

Following terms and conditions are to be followed by the Bidders

1. ETIGIBITITY CRITERIA :- The firms fcompanies fulfilling the following terms and conditionsmay submit their bids in a sealed envelope super-scribed as "Tender for Comprehensive CAMC ofComputer Hardware & Peripherals" addressed to the Generat Manager DIt prathama Bank,Head office, Ramganga vihar Phase-tt, MoRADABAD, urrAR pRADEsH-2rt4001

a) The bid has to be accompanied by an Earnest Money Deposit (EMD) of Rs. 50,0001-{Rupees Fifty thousand only} in the form of a demand Draft or payslip in favor ofPrathama Bank, Payable at Moradabad. Such Draft /Payslip should be in separate thirdcover marked as 'EARNEST MONEY DEPOSIT'. please note importantly Draftor payslip of 'EARNEST MONEY DEP9SIT, must not be kept insidecover t envelop. /

b) The eligible bidder should have service centers in Moradabad,bidder should have an annual turnover of Rs. 2.00 croresServices/Maintenance of computer hardware and peripherals. Auditedlast three financial years should be enclosed.

Page | 4 Copyrtght 2018 Prathama Bank, All Right Reserved ry \r/

y

PBHOtDtTt 78 t20t8 Date: 18.A6.2018c) The bidder MUSI have the experience of maintenance of Min 5ffi Desktop Computers and

devices. Bidders shall enclose experience certificates from Govt. organization / PSU/ Bank.{Document shal! contain Purchase order along with successful completion certificate}. Staff/employee/Directors of the Bank cannot take the part in RFP or their relatives,

d) The firms I companies should have at least last 3 years experience of undertakingComprehensive Annual Maintenance Contract in PSU Banks/ FinanciaI lnstitutions.

1) lt should have been registered with Sales Tax Department for Work ContractTaxlVATlGST.

2) Copies of their PANIST No., service tax registration certificate should besubmitted with Technical Bid.

e) The bidder must have a service office in Moradabad, Uttar Pradesh.

f) Not fulfilling any criteria listed in Eligibility criteria shall lead to direct disqualificationand no further correspondence shall be entertained.

g) The firms / company will have to provide a list of qualified engineers who will performthe job along with their resume and copy of technical qualification certificates to oncethey are selected. Qualified engineers must be from technical back ground.

2. SUBMISSION OF BID: - Bids shall be submtthe Technical Bid arld the other containins Financial Bid. Both of them should be put in one bisenvelope dulv sealed and super scribed as "Tender for Annual Maintenance Contract folComputer Hardware and Peripherals at brancheF /Head office/Regional offices". The sealedtendefs dulv filled in and complete in all respects shall be addressed to General Manager ofPratha.ma Bank and hF delivered, either bv Post/Courierlbv H?nd at the address on or before2:00 PM of 16 Julv, 2018 at below addrgss:

GeneralManager, DITPrathama BankHead OfficeRamganga Vihar -Phase {lMORADABAD.2IT4OOI

Vendors de-empanelled during the last one year are not eligible to participate in this tender. Biddocuments from the vendors who are de-empanelled from Banks empanelment for the currentperiod will not be accepted for this RFP and will not be taken up for evaluation, even if it is sentby Courier/Post etc.

All additional pages in each schedule must be numbered consecutively, and duly signed {with fullsignature on each page) by the bidder.

Successful bidder must furnish Performance Security in the form of Bank guarantee (other thanprathama bank) that would be 10% of total AMC cost.

PERIOD OF CONTRACT: - The initial contract shatt be vatidsubject to satisfactory fulfillment of the obligations under thediscretion renew/extend the contract on the same terms and

{maximum up-to l year}.

for a period of .one {1} yearcontract. BANK may, at its

I conditions on yearly basis

POINTS FOR TECHNICAL BIDS :-

The Technical Bid must contain:

4.1 Undertaking from the Bidder - as per format given in "ANNEXURE -A'.

Copyright 2018 Prathama Bank, All Right Reserved

3.

4.

Page | 5 ryuv

PBHAtDtTt 78 t2018 Date: 18.A6.20'184.2 Undertaking from the Bidder agreeing to the format given in '?nnexure - B" that needsto be submitted on every visit of the engineer should complete the TO-DO (*, Will Revise timeto time) list, duly signed by the branch manager that needs to be submitting to HO-DITQuarterly basis by the vendor as a preventive maintenance exercise activity.

4.3 As per format given in '?nnexure-C", successful bidder should do one time exercise ofbranch lnventory and submit proper inventory within one month after receiving purchaseorder. This exercise would be carried out for preparation of inventory of hardware items lyingin Branches and Administrative office.

4.4 Undertaking from the Bidder - as per format given in Annexure 'E', bidder should includethis annexure in Technical Bid. This Annexure issue by the bidder for hislher representativewho will act as SPOC for this contract on behalf of the bidder or company.

4.5 Audited annual financial statements viz. Balance Shee!, Profit & Loss account togetherwith lncome-tax Return of the company for the three financial years.

4.6 lncome Tax PAN Card Number and TlN.

4.7 Copy of Service Tax registration (GST) Certificate.

4.8 Detailt along with proof for the last three financlal years' experience of providing themaintenance of Min 500 Desktop Computers and devices. Bidders shall enclose experiencecertificates from Govt. organization I PSUI Bank. (Document shall contain Purchase orderalong with successful completion certificatel. Staff/ employeelDirectors of the Bank cannottake the part in RFP.

4.9 An affidavit stating that in the three years, they have not been blacklisted by anyfi rm/orga nization/PSU.

4.10 Not fulfilling any criteria listed in elieibility riteria shall lead to direct disqualification andno further correspondence shall be entertained.

4.11The firm/company will have to provide a list of qualified engineers who will perform thejob along with their resume and copy of technical qualification certificates to once they areselected.

5. POINTS FOR FINANCIAL BID: - The Financial Bid should be in a separate sealed envelopesuper scribed as "Financial Sid for Annual Maintenance Contract for Computers and peripheralsat branches and Offices of Prathama Bank".

5.1. The Financial Bid shall contain nothing but prices as per the format enclosed as Annexure 'D,.The bidders are advised to use the prescribed format (ANNEXURE - D) otherwise, theFinancial Bid will be summarily rejected. L1 would be decided on based of T1+T2.

5.2. Financial Bids of Bidders who qualify in technical evaluation only shall be opened.

5.3. Technical and Financial bids should be in clear words, categoricatly mentionievery term specifies the rates, etc any kind of imbiguous/obscure/unclearthe firms bid being disqualified

5.4. The Bank reserves the right to reject any or all the tenders without assigning an

1DPReserved \Copyright 2018 Prathama BanlE All Right 9

PBHOtDtTt 78 t2018 t8.06.2A186. HARDWARE MAINTENANCE:.

5.1. The Bidder will assume total responsibili{ for the fault free operation of hardware, IOS andmaintenance during the contract period and the extended period if any. The Supplier willaccomplish preventive and breakdown maintenance activities to ensure that all hardwarefunction without defect or interruption.

On lodgment of complaint, service should be provided and rectification of reported' problem within eight {8) hours in Semi-Urban/ Rural centre, within four (4) hours in

UrbanlMetropolitan centers. ln case any part is found defective & needs to be taken to theVendor's Premises/lab for repairs, the Vendor should either ensure the required parts isreplaced or a standby equipment is provided in place of defective equipment within 24 hours' or next business day. service window & call registration: 9.00A.M. -6.00p.M.

6.2. Fault Repair And Up Time: A logbook in physical form as well as in electronic form shall bemaintained in which the Service Provider shall record all the complaints related to computersand peripherals and submit a weekly report with all the complaints along with root causeanalysis {RCA}.

ln respect of minor issues like OS updating, patch updating, updating of software (whetherthese updation are part of maintenance? lf yes, please include them in para 5 above.Generally, these are not included in AMC contract since their cost impact is very high),corruption of browser, paper jam message on printer, (UPS is not covered in the list) etc, thesame may be attended considering the convenience of the user, within 48 hours.

6.3. CallRegisffation Process: Via web, phone, e-mait& Whatsapp.

5.4. Escalation Matrix: Bidder should provide at least two point of Contact nurnbers withConcern Engineer's Name. For that vendor should make a sticker and 5 stickers should bepasted in each branch in easily visible area and each every hardware stickers must be pastedfor easily operations.

6.5. Well trained engineers for Hardware/Software (whenever applicable are to be arranged bythe vendor). No Pirated /forge /local HardwarelSoftware shoutd be used while servicing,bank would provide one time all the bank related software to successful bidder. lf anypirated software would found running in branches then it would be AMC vendo/sresponsibility, bank would take serious action on that and no liability on the Bank part.

5.5. The Bidder should depute one dedicated resident service engineer to Head office and one ateach Regional offices who will directly report to concern Regional Managers and thatengineer's contact No. should be distributed in all concern branches. Eanks not provide anysystem/mobilellaptop expect sitting arrangement. Resident engineer must provideattendance proofverified by concerned head.

6.7. Assigned engineer contact detail should be provided to granch Managers through SMS/callafter lodging of complain.

5.8. All spare parts shall be genuine/ compatible ahd shall be procured from authorized dealersor manufacturer. Vendor should submit certificate of sar.ne.

6.9. while shifting any hardware I part of hardware out of the Bank's premisesvendor will have to arrange for temporary replacement of the respective hbefore shifting hardware /part of hardware.

Page | 7 Copyright 2018 Pratharna Bank, All Right ReservedJ&e % v

PBHAtDtTt 78 t20r8 Date: 18.06.2A187. PAYMENT: - AMC Charges would not be paid in advance. lt would be paid on quarterly basis

after reviewing the quality of services and performance of the vendor. Vendor should maintaincall Log report* in form of given format at submitted it with the invoice every quarter.

* may vary while providing purchase order.

8. PENALTYT Penalty will be levied, if the ealls are not resolved within 24 hours or next business

day, as given below:

Rs.250/- per equipment per day with the maximum of ltrlo of monthly billing.

lf any part pf hardware went faulty, replacement will be done on same/next business day.The vendor will have to arrange for temporary replacement of the respective hardware/part,for temporary resolution, within 24 hours or next business day.lf the Hardware/Peripheral is down due to the reasons attribute to the Bank, the vendor hasto submit proof for the same for not levying the penalty.

9. TERMINATION OF CONTMCT :- Prathama Bank, without prejudice to any other remedyfor breach of contract, by written notice sent to Successful Bidder may terminate the Contract inwhole or in part

10. PART REPIACEMENT: - Bidder is required to keep with him sufficient stock of spares(original parts) for each item taken under AMC at the beginning of the contract period. ln case atany point of time during contract the vendor is unable to repair any item under contract due tonon*availability of parts or item declared obsolete by the OEM, the charges paid by BANK for thatparticular item, since the beginning of the contract would be deducted from next quarterlypayment to the vendor. ln addition, a penalty of 5% of the cost value of item would also bededucted from next quarterly payment.

11. RESPONSIBIIITIES Of BIDDER :- The bidder shall be responsible for the followingactivities, namely:-

11.1. The bidder shall be responsible for taking backup data and programme available onPCs/LaptoplServer before attending the fault and shall also be responsible for reloading thesame. The backup copies are to be returned to the users, under acknowladgement. Alltheexisting configurations to the corresponding computer have to be restored back by thebidder. Even in case of hard disc failure or virus infection, the bidder should make all theattempts to recover the data wherever possible.

L1.2. The bidder shall have the required drivers (CDlDVDlHard discthe PCs and peripherals for configuring them. Details of items kept forbe informed to lT Department in writing.

11.3. Quarterly preventive maintenance includes regularComputers, Printers, Multifunctional Devices, Scanners,

cleaning ofand Laptops incl

etc)

3e=

copvrieht2olsprathamaBank,ArRight *"r*y ryq Vg

Sr.

frlo

BranchName

Name of calllodgingperson fromBr.

Serial numberofITEM/Description

Call

lodgingdate andtime

lssue/Problem !ssue

ResolvingDate

Name/Signatureof BranchHead

7

2

PBHOtDtTt 78 t20t8 Date: 18.A6.2A18interworking with other equipments. lf quarterly preventive maintenance schedule ofequipment is not adhered to, a Penalty of Rs. 100/- for peripherals & Rs. 2001- for each unitmay be imposed, at the discretion of the Bank.

11.4. The Vendor will provide insurance cover to its workmen/ resident engineers in theBank. The workmenl engineers or their legal heirs shall not claim any insurance benefitfrom the Bank in case workmen/ engineers suffer any loss or damage to their life or personor property while working in the Bank premises.

11.5. Regular tirus cleaning of all Desktop ComputerslServers as per requirement of BANK.

11.6. Shifting and reinstallation of Desktop Computers/Printers, etc., as and when requiredby BANK.

11.7. Vendor will provide CMAC to the hardware, listed in Annexure-F, for which thewarranty is expiring after June 20L8. The purchase order for these hardware items will beprovided after warranty expiry of the components.

11.8. Allassigned service engineers would be trained by us at head office or regional officesfor installation of E-KYC and Biometric Login setup in all the branches.

11,9. Successful bidder should ensure that at first time the entire inventory is to be doneand submit one to us at Head Office in followine format.

11.10. Vendor should arrange monthly meeting in each concerned regional office to obtainmonthly satisfactory letter from Regional Manager and submit it to Head Office.

11.11.|n case of Holiday if Bank would open in emergency successful bidder must have togive services to branches.

11.12.A11 out of pocket expenses, traveling, boarding and lodging expenses for the entire lifeof the contract should be a part of the online sealed bid submitted by the vendor to theBank. No extra costs on account of any items or services or by way of any out of pocketexpenses, including travel, boarding and lodging etc. will be payable by the Bank. The vendorcannot take the plea of omitting any charges or costs and later lodge a claim on the Bank forthe same.

f2. COMPREHENSM AMC: - No ltem would be repaired on chargeableperiod. There would be Comprehensive AMC of all hardware like Desktops,except burnt case.

On every visit service engineer should ensdre that if lhe computer needsthe attached hardware would be connected by that engineer after formattingsoftware like E-KYC, Printer configuration and Biometric login Setup should be reiifs work properly.

basis during AMCpririter's scanners

Description{ltemSerialNol

ry"Copyright 2018 Prathama Bank, All Right Reserved VY ^,. , ,zry 'l'ry

./

PBHAtDtTt 78 t2018 Dote: 18.06.2018

13. FORCE MAIEURE:

The Bidder shall not be liable for forfeiture of its performance security, liquidated damages ortermination for default, if and to the extent that it's delay in performance or other failure to performits obligations under the contract is the result of an event of force Majeure. For purposes of thisClause, "Force Majeure" means an event beyond the control of the Bidder and not involving theBidder's fault or negligence and not foreseeable. Such events may include, but are not limited to, Actsof God or of public enemy, acts of Government of lndia in their sovereign capacity, acts of war, andacts of the Bank either in fires, floods, strikes, lsck-outs and freight embargoes.

lf a Force Majeure situation arises, the Bidder shall promptly notify the Bank in writing of suchconditions and the cause thereof immediately. Unless otherwise directed by the Bank in writing, theBidder shall continue to perform its obligations under the Contract as far as it is reasonably practical,and shall seek all reasonable alternative means for performance not prevented by the Force Majeureevent"

ln such a case, the time for performance shall be extended by a period{s} not less than the duration ofsuch delay. lf the duration of delay continues beyond a period of three months, the Bank and theBidder shall hold consultations with each other in an endeavor to find a solution to the problem.

Notwithstanding the above, the decision of the Bank shall be final and binding on the Bidder.

14. EFTECT OF TERMINATION

i. The bidder agrees that it shall not be relieved of its obligations under the reverse transitionmechanism notwithstanding the termination of the assignment. Reverse Transitionmechanism would typically include service and tasks that are required to be performed /rendered by the bidder to the Bank or its designee to ensure smooth handover andtransitioning of BanKs deliverables and maintenance. The reverse transition will be for theperiod of 3 months post the notice period.Same terms {including payment terms} which were applicable during the term of the contractshould be applicable for reverse transition servicesThe bidder agrees that after completion of the Term or upon earlier termination of theassignment the bidder shall, if required by the Bank, continue to provide warranty services tothe Bank at no less favorable terms than those contained in this RFP. ln case the bank wantsto continue with the bidder's services after the completion of this contract then the biddershall offer the same or better terms to the bank. Unless mutually agreed, the rates shallremain firm.The Bank shall make such prorated payment for services rendered by the bidder andaccepted by the Bank at the sole discretion of the Bank in the event of termination, providedthat the bidder is in compliance with its obligations till such date. However, no payment for"costs incurred, or irrevocably committed to, up to the effective date of such termination"will be admissible. There shall be no termination compensation payable to the bidder.The Bank is not responsible for any assumptions or judgments made hy the vendor forproposing and implementing the item / service / AMC. The Bank's interpretation will be final.

Termination shall not absolve the liability of the Bank to make payments of undisputedthe bidder for services rendered till the effective date of terrnination. Terminationprejudice to any other rights or remedies a party may be entitled to hereunder or ataffect any accrued rights or liabilities or either party nor the coming into forceforce of any provision hereof which is expressly intended to comc into force oror after such termination.

Page | 10

ilt.

iv.

V.

iJ4Copyright 2018 Prathama Bank, All Right Reserved I

PBHO|DIT| 78 12018 Date: t8.06.2018

Prathama Bank reserves ALL rights. Bank may terminate the contract of AMC at any point oftime without assigning any reason or whatsrer so to vendor and no query shall he entertained

in this regard.

X5. LIABIIITY OF THE SETECTED BIDDER:

,t.

Bank shall hold the selected bidder, its Successors, Assignees and Administrators fully liable

against loss or liability, claims, actions or proceedings, arising ottt of non-fulfillment of any

obligations under the Contract.

Selected Bidder shall be the principal employer of the employees, agents, contractors,

subcontraetors etc. engaged by Selected Bidder and shall be vicariously liable for all the acts,

deeds or things done by its employees, agents, contractors, sub-contractors etc., whether the

same is within the scope of power or outside the scope of power, vested or instructions

issued by the Bank under the Contract to be issued for this tender'Such liability of the Selected Bidder will be restricted to the actual amount of the Contract.

However, the selected bidder would be given an opportunity to be heard by the Bank prior tomaking of a decision in respect of such loss or damage'

Ii.iv.

16. NEGLIGENCE:.

ln connection with the work or contravenes the provisions of General Terms, if the selected

bidder neglects to execute the work with due diligence or expedition or refuses or neglects to

comply with any reasonable order given to him in writing by the Bank, in such eventuality, the

Bank may after giving notice in writing to the selected bidder calling upon him to make good

the failure, neglect or contravention complained of, within such times as may be deemed

reasonable and in default of the said notice, the Bank shall have the right to cancel the

Contract holding the selected bidder liable for the damages that the Bank may sustain in this

behalf. Thereafter, the Bank is to be compensated for good the failure at the risk and cost ofthe selected bidder.

IT.CHANGES TO RFP

The Bank also reserves the right to change any terms and conditions of the RFP and its

subsequent addendums as it deems necessary at its sole discretion up to the date of submission

of bids.

The Bank reserves the right to extend the dates for submission of responses to this document"

Bidder shall have the opportunity to clarify doubts pertaining to the RFP in order to clarify any

issues they may have, prior to finalizing their responses.

i. Preliminary Scrutiny - The Bank will scrutinize the offer to determine whether it is

complete, whether any errors have been made in the offer, whether required technical

documentation has been furnished, whether the documents have been properly signed, and

whether items are quoted as per the schedule. The Bank may, at its discretion, waive any

minor non-conformity or any minor deficiency in. an offer. This shall be binding on the Vendor

and the Bank reserves the right for such waivers and the Banks decision in the matter will be

final.ii. Clarification of Offer - To assist in the scrutiny, evaluation and comparison

Bank may, at its discretion, ask the Vendor for clarification of their offer. Th

right to disqualify the Vendor whose clariflcation is found not suitable toproject. The Bank reserves the right to make any changes in the terms and

-S,\u4Reserved.-qPage | 11 Copyright 2018 Prathama Bank, All Right

PBHOtDtTt 78 t2018 Date: 18.06.2018The Bank will not be obliged to meet and have discussions with any Vendor, and f or to listento any representations.

iii. Erasures or Alterations - The offer containing erasures or alterations will not beconsidered. There should be no hand-written material, corrections or alterations in the offer.Technical details must be completely filled up. Correct technical information of the productbeing offered rnust be filled in. Filling up of the information using terms such as "OK","accepted", "noted", "as given in brochure / manual" is not acceptable. The Bank may treatthe offers not adhering to these guidelines as unacceptable.

iv. Pricing - ft is absolutely essential for the Vendor to quote the lowest price at the time ofmaking the offer in its own interest. ln the event of Bank not satisfied with the Price Discoveryin this process, bank reserves the right to initiate the tendering process again through Limitedor Open tender.

18. INFORMATION OWNERSHIP :-All information processed, stored, or transmitted by bidder equipment belongs to the Bank. By havingthe responsibility to maintain the equipmen! the bidder does not acquire implicit access rights to theinformation or rights to redistribute the information. The bidder understands that civil, criminal, oradministrative penalties may apply fsr failure to protect information appropriately.

19. PUBTICITY:-Any publicity by the Vendor in which the name of the Bank is to be used should be done onty witlrthe expllcit yurltten permission of the Bank.

ZO.COMPLIANCE WITH LAWS :-i. Compliance with all applicable laws: The bidder shall undertake to observe, adhere to, abide

by, comply with and notify the Bank about all laws in force or as are or as made applicable infuture, pertaining to or applicable to them, their business, their employees or theirobligations towards them and all purposes of this tender and shall indemnify, keepindemnified, hold harmless, defend and protect the Bank and its employees/officers/staff/personnel/representativesfagents from any failure or omission on its part to do so andagainst all claims or demands of liability and all consequences that may occur or arise for anydefault or failure on its part to conform or comply with the above and all other statutoryobligations arising there from.

ii. Compliance in obtaining approvals/permissionsflicenses: The bidder shall promptly andtimely obtain all such consents, permissions, approvals, licenses, etc., as may be necessary orrequired for any of the purposes of this project or for the conduct of their own businessunder any applicable Law, Government RegulationlGuidelines and shall keep the same validand in force during the term of the projec! and in the event of any failure or omission to doso, shall indemnifu keep indemnified, hold harmless, defend, protect and fully compensatethe Bank and its employees/ officers/ staffl personnel/ representativesfagents from andagainst all claims or demands of liability and all consequences that may occur or arise for anydefault or failure on its part to conform or comply with the above and all other statutoryobligations arising there from and the Bank will give notice of any such claim or demand ofliability within reasonable time to the Bidder.

2 I.RESOIUTION OF DISPUTES :-i. All disputes and differences of any kind whatsoever arising out of or in connection with the

Purchase Order shall be referred to arbitration. The arbitrator may be appointed by both theparties or in case of disagreement each party may appoint an arbitrator and suchshall appoint an umpire before entering on the referedce. The decision of the ufinal. Such arbitration to be governed by the provisions of lndian Arbitration aAct,1995.

L? Copyright 1018 Prathama Bank, All Right ReservedPage

*

PEHAtDtTt 78 t20't8 Date: 18.06.2018dispute, claim and legaljurisdiction of courts at

ii. Notwithstanding anything contained herein above, in case of anyaction arising out of this RFP, the parties shall be subject to theMoradabad, Uttar Pradesh, lndia only.

22.ASSIGNMENT:-Bank may assign the hardware, software and other equipments {including electrical and civil}provided therein by the bidder in whole or as part of a corporate reorganization, consolidation,merger, or sale of substantially all of its assets. The Bank shall have the right to assign suchportion of the AMC services to any of the sub-contractors or 3rd par$, at its sole option, upon theoccurrence of the following: {i} bidder refuses to perform; {ii} bidder is unable to perform; (iii)terrnination of the contract with the bidder for any reason whatsoever; iiv) expiry of the contract.Such right shall be without prejudice to the rights and remedies, which the Bank may have againstthe bidder. The bidder shall ensure that the said subeontractors or 3rd party shall agree tcprovide such services to the Bank at no less favorable terms than that provided by the bidder andshall include appropriate wordings to this effect in the agreement entered into by the bidder withsuch sub-contractors. The assignment envisaged in this scenario is only in certain extreme eventssuch as refusal or inability of the bidder to perform or termination/expiry of the contract.

23.PRIVACY & SECURITY SAFEGUARDS :-

The bidder shall not publish or disclose in any manner, without the Bank's prior written consent,the details of any security safeguards designed, developed, or implemented by the bidder underthis contract or existing at any Bank location. The bidder shall develop procedures plans to ensurethat lT resources leaving the control of the assigned user (such as being reassigned, removed forrepair, replaced, or upgraded) are cleared of all Bank data and sensitive application software. Thebidder shall also ensure that all subcontractors who are involved in providing such securitysafeguards or part of it shall not publish or disclose in any manner, without the Bank's priorwritten consent, the details of any security safeguards designed, developed, or implemented bythe bidder under this contract or existing at any Bank location.

Z4.CORRUPT AND FRAUDULENT PRACTICES :.i. As per Central Vigilance Commission (CVC) directives, it is required that bidders / Suppliers /

Contractors observe the highest standard of ethics during the procurement and execution ofsuch contracts in pursuance of this policy:

ii. 'nCorrupt Practice" meanr the offering, giving, receiving or soliciting of anything of values toinfluence the action of an official in the procurement process or in contract execution AND

iii. "Fraudulent Practice" means a misrepresentation of facts in order to influence a procurementprocess or the execution of contract to the detriment of the Bank and includes collusivepractice among bidders {prior to or after offer submission} designed to establish offer pricesat artificial non-competitive levels and to deprive the Bank of the benefits of free and opencompetition.

iv. The Bank reserves the right to reject a proposal for award if it determines that the bidderrecommended for award has engaged in corrupt or fraudulent practices in competing for thecontract in question. The Bank reserves the right to declare a firm ineligible, eitherindefinitely or for a stated period of time, to be awarded a contract if at any time itdetermines that the firm has engaged in corrupt or fraudulent practices in competing for or inexecuting the contract.

ZS.VIOLATION OF TERMS :-

The Bank clarifiesrecovery, suit for

that the Bank shall be entitled to an injunction, restraining order,specific performance or such other equitable relief as a court of

jurisdiction may deem necessary or appropriate to restrain the bidder fromviolation or enforce the performance of the covenants, obligations and representationsin this RFP. These injunctive remedies are cumulative and are in addition to any other

Page | 13

-,4u*copyright2'18 Prathama Bank,All ftight *2 y*

V**

PBHAtDtTt 78 t2018 Date: 18.A6.2018remedies the Bank may have at law or in equity, including without limitation a right for recoveryof any amounts and related costs and a right for damages.

26. NON-DISCTOSURE INFORMATION :-

The Selected Bidder shall not, without the BanlCs prior written consent, disclose any specification,plan, drawing, pattern, sample, or infonmation furnished by or on behalf of the Bank inconnection therewith, to any person other than a person employed by the Bidder in theperformance of the work assigned to them. The Selected Bidder shall be required to sign a Non-Disclosure Agreement with the Bank as per the prescribed format provided in Annexure - G.

z7.NO COMMITMENT TO ACCEPT TOWEST ORANY OFFER/BID

BANK shall be under no obligation to accept the lowest or any other offer received in response to thisoffer notice and shall be entitled to reject any or all offers without assigning any reason whatsoever.BANK has the right to re-issue tender/bid. BANK reserves the right to make any ehanges in the termsand conditions of RFP that will be informed to all bidders. BANK will not be obliged to meet and havediscussions with any bidder, and/or to listen to any representations once their offer/bid is r.ejected.Any decision of BANK in this regard shall be final, conclusive and binding upon the bidder.

zB.SIGNING OF THE BID

The bid shall be signed by a person or persons duly authorized by the Bidder with signature dulyattested. ln the case of a body corporate, the bid shall be signed by the duly authorized officers andsupported by internal corporate authorizations.

zg.COSTS OF PREPARATION & SUBMISSION OF BID

The bidder shall bear all costs for the preparation and submission of the bid. BANK shall not beresponsible or liable for reimbursing/compensating these costs, regardless of the conduct or outcomeof the bidding proc$s.

3O.CONFIDENTIATITY OF THE BID DOCUMENT

The bidder, irrespective of his/her participation in the bidding pxlcess, shall treat the details of thedocuments as secret and confidential.

31. DISCTAIMER:

This RFP is not an offer by Prathama Bank, but an invitation to receive response from Bidders. Nocontractual obligation whatsoever shall arise from the RFP process unless and until a formal Contractis signed and executed by duly Authorized officers of Prathama Bank with the Bidder.

Note: Bank reserves the right to reiect this invitation to offer in part or in full, or cancelthe entire procunement process at any stage without assigning any reason.

Yourp fq$$llxo*r=, rr€, \ r-or p$AlrAUtA BANKt

G ene ra I ilt5|agdr-lThw-"r6fiiilcENERAL na,qliacrit

r*EIrl{q\t

fl.:tr-:,.t O \la,' e '.1

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Page | 14 Copyright 2018 Prathama Bank, All Right Reserved

PBHAtAil 78 t20t8 Date: 18.A6.2A18

ANNEXURE. A

UNDERTAKING FROM THE BIDDER

(ln the firms/company's letter pad)

We hereby accept all terms and conditions (tender document as a whole) mentioned in Tender forComprehensive Annual MaintBnance Contract for Computers Hardware and Peripherals at branchesand offices ofPrathama Bank.

(Authorized Signatoryl{Company Seal}

Date:_Name:

Designation :

Mobile/Tele. No:

ReservedPage | 15 Co$yright 2018 Prathama Bank, All Right

PBHO|D|T| 78 12018Annexure - B

To Do List on everv Visit

Branch Name

Branch Code

Contact No

Branch Head Signature with stamp

SUBMITTHIS REPORTTO HEAD OFFICE

Action taken by Head office officer in-charge (hardware) :

rellrs

Dote: 18.A6.2018

Engineer Signature

Head officc OFFICER NAME AND SIGNATURE

ex

SR NO DISCRIPTION YE5 NO

1 All DesktoplServer Working Fine

2 All Printers {Passbook Printersllaser Printes/DmplLine Printers Working Fine

And Attached To All Client Pc And Server

3 Allsofware Related To Bank ls lnstalled ln Every Client Pc

4 All ll0 Box Having Proper ConnectiviW

5 SETUP LIKE EKYCAND BIOMETRIC LOGIN IS WORKING FINE

6 ALL HARDWARE IN BRANCHES ARE DUST FREE AND HAVING PROPER

MAINTENANCE

7 Computer Peripherals like Mouse Keyboard are working fineB All Client PC and server having updated antivirus software

9 No of Client Pc in branch

10 No of Printers in branch with description11 Any Hardware need in branch

L2 All e-kyc machines are working properly

13. Networking wires are properly arranged and labels

L4. All systems are having anti-virus installed/updated/scanned properly

15. All the svstem are free from virus,torzan horse, malwares

{"1-'.r',

fqsyrgtl$trSflr*H{nmf #fln*r All EiSt Bcrcrved ry

PBHOtDtTt 78 t2018

Branch Name

Branch Code

Contact No

Branch Head Signature with stamp

Page | 17

Annexure-C

lnventorv Detail

Date: 't8.06.2018

Engineer Signature

Sr

NoBranch

NameIternDescription

Branch

Code

Make/Model Serial No ofHardware

Status of ltem{lnUselNotWorking/Scrapable)

Copyright 2018 Prathama Bank, All Right Reserved

,&

PBHO|D|T| 78 tzolE Date: t8.06.2A18

ANNEXURE - D

FINANCIAI gID

{This Annexure ls To Be Submitted ln Financial Bid ln A Separate Sealed Envelope}

* For the purpose of evaluation only

(AlTota I {before tax}Tl+T2

{B} Taxes, if any (rate of tax ') UI the bidder is exempted fromPayment of applicoble toxes, he shall provide certificate

for such exemption Rs.--

{C} Grand Total (lncluding Taxes} Rs._

{D} Grand Total in words (Rupees

Note:{1} Any Hardware item con be withdrawn frorn AMC {due to administrative reasons) at any time andpayment be made only for the part period till such withdrawal.

{2} The Finoncial Bid sholl contain oothing hut Brices only.

{3} Bidders ore requested to ensure thdt ofter quating the prices this Annexure is dulycompdny seol. Financial bid submitted withaut sign and company seal will not beconsidered"(4) Bonk sholl not consider any request in chonge of rates of CAMC due to ony reason

during the period of the controct.

tlST OF AMC Rates {T1lSr. No Item Quantity Rate Per unit before Tax

I Desktop Computers L4732 DMP 249

3 Passbook Printers 335

4 Scanners 3585 Laser Printers 54

5 lnk Tank Printers L2

7 Line Printers 3

8 Servers L49Total T1 Rs

Ltsr oF 0PTToNAL |TEMS (T2)

SR

NOITEM NAME Quantity*

(alRATE

{h}Total(axb)

t Passbook Printer Head 1

2 Passbook Printer Myler Bar 1

3 Passbook Printer Head Cable 1

4 Passbook Printer Rd Assembly L

5 1X1170 Head 1

6 1X1170 Head Cable 1

TOTAI T2 Rs

page I 18 copyright 2018 prathama Bank, urrffi y>Y

PBHAIDITI 78 I2O'8

Authorized Signatory_Date- NameDesignationCompany Seal_Signature of the bidder with Compony Seal

Date: 18.06.2A18

iot\'Pev.r'.""'F$*E

Page | 19 Copyright 2018 Prathama Bank, All Right Reserved v

PBHAtDtTt 78 tz0t8 Date: '/,8.06.20/.8ANNEXURE.E

LETTER qF AUTHORTSATTON Tq Brp

Dated: /aALB

The General ManagerPrathama Bank,

Head Office, Ram Ganga Vihar Phase-2

Moradabad.

Dear Sir,

Suh: Sub: Letter of Authorization to bid for Prathama Bank's AMC of computer Hardware.

We M/5 (Name and address of the principal) hereby authorize Mr. lMrs..... (Name and Address of representative), to submit a bid, and sign the contract on behalf

of us for all the systemslgoods required by the bank as called for vide the bank's request for proposal

refe ren ce no RFP-PBH O I Dfi I 7 I | 2018 d ated L8 I A6 / ZOt9.

Yours faithfully,

f:!9t.

s*,

.P,

E'Gt

Ct

s

Page [ 20 Copyright 2018 Prathama Bank, All Right Reserved ry

PBHOtDtTt 78 t2018 Date: 1E.06.20r8ANNEXURE-F

HARDI'UARES WHOSE WARRANTY IS EXPIRING ATTCN.I[ITIC EOTS{ALSO TO BE COVERED UNDERAMC AFTERWARRANTY EXptRy)

DMP Laser Printer lnk Tank Frinter Passbook Printer Scanner Server30 19 1 91 81 13

Page | 21 Copyright 2018 Prathama Bank, All Right Reserved ,ry

Year Desktop DMP[aserPrinter

lnk TankPrinter

PassbookPrinter Scanner Server

LinePrinter

20011 30

2005

2006 2

2007 s5 5

2008 6L 8 L3 6 32009 30 8 62ALA 320 50 2 60 68 242011_ 446 LA7 7? 94 1002A17 419 48 4 43 402013

20L4 69 L0 70 7220L5 l" L

2016 10 l.1.

TOTAT 1473 2L9 35 L! 245 287 136 3

PEHOtDtTt 78 12018 Date: 18.06.2418

ANNEXURE.G

NON-plscLosuRE AGEEEMENT

THIS AGREEMENT (the "Agreemenf) is entered into on this 18'h day of June 2018 by and between;

Prathama Bank, a body corporate constitute under the Regional Rural Act 1976 having its Head Office

at Moradabad represented by . herein {hereinafter called Disclosing party or the "BanK),

and with and address at (the "Recipienf or the "Receivlng Partt'' or the "Compant'').

The Bank is in possession of certain inforrnation defined hereunder as Confidential lnformation and

has agreed to disclose to the Company the Confidential lnformation on a strictly confidential basis for

the purpose of{mention the purpose for which the information is required to be shared/ollawed to

be occessed). During the said process, the Bank may share certain confidential or proprietary

information with the Recipient. Therefore, in consideration of the mutual promises and covenants

contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency

cf which is hereby acknowledged, the parties heretc agree as follows:

1. Definition of Confidential lnformation.

(a) For purposes of this Agreement, "Confidential lnformation" means any data or information that is

confidential or proprietary to the Bank and not generally known to the public, whether in tangible or

intangible form, whenever and however disclosed, including but not limited to:

i. Customer name and other information related to customers

ii. Any marketing strategies, plans, financial information, or projections, operations, sales

estimates, business plans and performance results relating to the past, present or future

business activities of such party, its affiliates, subsidiaries and affiliated companies;

iii. Plans for products or services, and customer or supplier lists;

iv. Any scientific or technical information, invention, design, process, procedure, formula,

improvement, technologY or method;

v. any concepts, reports, data, know-how, works-in-progress, designs, development tools,

specifications, computer software, source code, object code, flow charts, databases,

inventions, information and trade secrets; and

vi. Any other information that should reasonably be recognized as confidential infarmation of

the Bank. Confidential lnformation need not be novel, unique, patentable, copyrightable or

constitute a trade secret in order to be designated Confidential lnformation'

The Company acknowledges that the Confidential lnformation is proprietary to the Bank, has been

develsped and obtained through great efforts by the Bank and that Bank regards all of its Confidential

lnformation as trade secrets.

tb) Notwithstanding anYthing in

include information which :

the foregoing to the contrary, Confidential

t. Was known to the Cornpany prior to receiving the Confidential lnforrnation

Copyright 2018 Prathama Bank, All Right ReservedPage I 22

ry *9

1fi.

tv.

PBHO|D|T| 78 t2018 Date: 18.A6.2018ii. Becomes rightfully known to the Company from a third-party source not known {after diligent

inquiry) by the Company to be under an obligation to Bank to maintain confidentiality;

ls or becomes publicly available through no fault of the Company;

is required to be disclosed in a judicial or proceedin& or is othenruise requested or required tobe disclosed by law or regulation, although the requirements of paragraph 4 hereof shall

apply prior to any disclosure being made; and

ls or has been independently developed by employees, consultants or agents of the Company

without violation of the terms of this Agreement or reference or access to any Confidential

lnformation.

2. Disclosure of Confidential lnformation.

From time to time, the Bank may disclose Confidential lnformation to the Company. The Company

will:

along with its representatives, make use of the Confidential lnformation solely for thepurpose of the Agreement or such other purposes from time to time agreed or consented toby the Bank as evidenced in writing

limit disclosure of any Confidential lnformation to its directors, officers, employees, agents or

representatives {collectively "Representatives"} who have a need to know such Confidential

lnformation in connection with the current or conternplated business relationship between

the parties to which this Agreement relates, and only for that purpose;

prior to making any disclosure of such Confidential lnformation as permitted under this

Agreement, will ensure that the Representatives are under a prior written obligation tomaintain such information confidential and to use such information only for the

contemplated purpose;

along with its Representatives use such measures andlor procedures as it uses in relation to

its own confidential information and trade secrets to hold and keep in confidence any and all

such Confidential information and comply with the terms of this Agreement.

and not disclose any Confidential lnformation received by it to any third parties.

be solely responsible for any breach of the terms of this Agreement by any of its

Representatives or the Sub-Contractors and any act or omission by any of its Representatives

or the Sub-Contractors which would constitute breach of the terms of this Agreement and

shall take all reasonable measures to restrain such Representatives or the Sub-Contractors

from unauthorized disclosure or use of the Confidential lnformation and that Company

acknowledges and agree that Bank shall have right to all its legal remedies directly against

Company as if such breach is made hy the Company itself wi at the first

instance against Representatives or the Sub:Contractors.

v.

a)

b)

c)

d)

e)

f)

CJGE

lrt ro5

Copyright 2018 Prathama Bank, All Right Reserved ryPage | 23

PBHOtDtTt 78 t2A183. Use of Confidential lnformation.

Date: 18.A6.2A18

The Company agrees to use the Confidential lnformation solely in connection with the current orcontemplated business relationship between the parties as mentioned in this agreement and not forany purpose other than as authorized by this Agreement without the prior written consent of an

authorized representative of the Bank. No other right or license, whether expressed or implied, in theConfidential lnformation is granted to the Company hereurder. Title to the Confidential lnformationwill remain solely with the Bank. All use of Confidential lnformation by the Company shall be for thebenefit of the Bank and any modifications and improvements thereof by the Company shall be thesole propefi of the Bank.

. Comp€lled Disclorure of Confidential lnformation.

Notwithstanding anything in the foregoing to the contrary the Company may disclose Confidentiallnformation pursuant to any governmental, judicial, or administrative order, subpoena, discovery

request, regulatory request or similar method, provided that the Company promptly notifies, to theextent practicable, the Bank in writing of such demand for disclosure so that the Bank , at its sole

expense, may seek to rnake such disclosure subject to a protective order or other appropriate remedyto preserve the confidentiatity of the Confidential lnformation. The Company agrees that it shall notoppose and shall cooperate with efforts by, to the extent practicable, the Bank with respect to any

such request for a protective order or other relief. Notwithstanding the foregoing, if the Bank isunable to obtain or does not seek a protective order and the Company is legally requested orrequired to disclose such Confidential lnformation, disclosure of such Confidential lnformation may

be made without liability.

r Remedies.

Both parties acknowledge that the Confidential lnformation to be disclosed hereunder is of a uniqueand valuable character, and that the unauthorized dissemination of the Confidential lnformationwould destroy or diminish the value of such information. Therefore, both parties hereby agree thatthe Bank shall be entitled to injunctive relief preventing the dissemination of any Confidentiallnformation in violation of the terms hereof. Such injunctive relief shall be in addition to any otherremedies available hereunder, whether at law or in equity. Bank shall be entitled to recover Damages

consisting a sum equal to the loss suffered by the Bank including loss of business opportunity, costs ofbusiness interruption its costs and feas, including reasonable attorneys' fees, incurred in obtaining

any such relief. Further, in the event of litigation relating to this Agreement, the prevailing party shall

be entitled to recover its reasonable attorney's fees and expenses.

o Return of Confldential lnformation.

Company shall immediately return and redeliver to the other all tangible rnaterial embodying theConfidential lnformation provided hereunder and all notes, summaries, memoranda, drawings,

manuals, records, excerpts or derivative information deriving there from and all other documents ormaterials {"Notes"} {and all copies of any of the foiegoing, including 'copies" that have been

converted to computerized media in the form of image, data or word processing files

or by image capture) based on or including any Confidential lnformation, in whatever

or retrieval, upon the earlier of (i) the completion or termination of the dealings

contemplated hereunder; {ii) the termination of this Agreement; or (iii} at such time as

so request. Alternatively, the Company, with the written consent of the Bank may {or in

Page | 24 Copyright 2018 Prathama Bank, All Right Reserved

)Oer= +qY .9

PBHAtDtTt 78 12018 Date: 18.06.2018Notes, at the Compant's option) immediately destroy any of the foregoing embodying Confidential

lnformation {or the reasonably non-recoverable data erasure of computerized data) and, upon

reques! certify in writing such destruction by an authorized officer of the Company supervising the

destruction.

1.. Notice of Breach.

The Company shall notify the Bank immediately upon discovery of any unauthorized use or disclosure

of Confidential lnformation by the Company or its Representatives, or any other breach of this

Agreement by the Company or its Representatives, and will cooperate with efforts by the Bank to

help the Bank regain possession of Confidential lnformation and prevent its further unauthorized use.

7. No Binding Agreement for Transaction.

The parties agree that neither party will be under any legal obligation of any kind whatsoever with

respect to a Transaction by virtue of this Agreement, except for the matters specifically agreed to

herein" The parties fufiher acknowledge and agree that they each reserve the right, in their sole and

absolute discretion, to reject any and all proposals and to terminate discussions and negotiations with

respect to a Transaction at any time as per the respective agreement. This Agreement does not create

a joint venture or partnership between the parties. lf a transaction goes forward, the non-disclosure

provisions of any applicable transaction documents entered into between the parties {or their

respective affiliates) for the Transaction shall be deemed to be complementary/supplementary to the

provisions of this Agreement and not contrary/derogatory to the provisions of this Agreement to the

extent possible.

3. Warranty.

Each party warrants that it has the right to make the disclosures under this Agreement. NO

WARRANTIES ARE MADE BY EITHER PARTY UNDER THIS AGREEMENT WHATSOEVER. ThC PATtiES

acknowledge that although they shall each endeavor to include in the Confidential lnformation all

information that they each believe relevant for the purpose of the evaluation of a Transaction, the

parties understand that no representation or warranty as to the accuracy or completeness of the

Confidentiat lnformation is being made by either party as the Bank . Further, neither party is under

any obligation under this Agreement to disclose any Confidential lnformation it chooses not to

disclose. Neither Party hereto shall have any liability to the other party nor to the other parfl1s

Representatives resulting from any use of the Confidential lnformation except with respect to

disclosure of such Confidential lnformation in violation of this Agreement.

4. Effective Date of the Agreement:

This Agreement shall be effective upon its execution by both the parties.

5. Miscellaneous.

a) This Agreement can only be modified by a written amendment signed by the party against

whom enforcement of such modification is sought.

b) The validity, construction and performance of this Agreement shall

construed in accordance with the laws of Uttar Pradesh, lndia applicable

and to be wholly performed within such Uttar Pradesh, without giving

laws provisions thereof.

Page | 25

&Copyright 2018 Prathama Bank, All Right Reserved n9

PBHO|DtTt 78 /2018 Date: 18.06.2A18c) Any failure by either party to enforce the other party's strict performance of any provision of

this Agreement will not constitute a waiver of its right to subseguently enforce such provisionor any other provision of this Agreernent.

d) Although the restrictions contained in this Agreement are considered by the parties to bereasonable for the purpose of protecting the Confidential lnformation, if any such restrictionis found by a court of competent jurisdiction to be unenforceable, such provision will bernodified, rewritten or interpreted to include as much of its nature and scope as will render itenforceable- lf it cannot be so modified, rewritten or interpreted to be enforeeable in anyrespect, it will not be given effect, and the remainder of the Agreement will be enforced as ifsuch provision was not included.

e) Any notices or communications required or permitted to be given hereunder may bedelivered by hand against acknowledgement, deposited with a nationally recognizedoyernight carrier against acknowledgement, electronic-mait, or registered post withacknowledgement, in each case, to the address of the other parh/ first indicated above.

f) This Agreement is personal in nature, and neither party may directly or indirectly assign ortransfer it by operation of law or otherwise without the prior written consent of the otherparty And any such assignment without consent will be held void ab initio. All obligationscontained in this Agreement shall extend to and be binding upon the parties to thisAgreement and their respective successors, assigns and designees.

g) The parties andlor thbir affiliates of whatsoever nature shall no! in any manner, solicitandlor accept any business from sources that have been made available by and through theparties hereto, nor in any manner shall aceess, solicit and/or conduct any husiness with thesaid sources, without specific permission of the Party who made said sources available. Foravoidance of doubt, this restriction shall apply only to business related to the Assignmentwhich is the subject matter of this Agreement and not any other As*ignment or business.

h) Paragraph headings used in this Agreement are for reference gnly and shall not be used orrelied upon in the interpretation of this Agreement.

lN wlTNESs WHEREOF, the parties hereto have executed this Agreement as of the date first abovewritten.

SIGNED for and on Oefrait of:-( eank)

Signature: Name:

fifle: (Authorized Signatory)

SIGNED for and on behalf of rf Cornpany )

Signature: Name:

Title: (AuthorizedSignatory)

/6-q-?D=\

End of document ------

,lPage | 26

@=Copyright 2018 prathama Bank, All Right Reserved * .9

o'o,cio\o

7' p'{9.8

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