inconsistency or omission in the Documents without
prior written notice to and approval by Reliance.
If for any reason the Vendor
violates this Section 3.11, then the Vendor shall, in addition to being subject
to any other remedies of Reliance, be deemed to have waived any claims for an
adjustment in any of the Specifications and/or Standards that result directly
from any such error,
35
inconsistency or omission.
This Section 3.11 does not, nor shall it be deemed
to, in any manner limit the terms of Section 3.14.
3.12
ELIGIBILITY UNDER APPLICABLE LAWS AND APPLICABLE PERMITS.
3.12.1
THE VENDOR SHALL BE RESPONSIBLE FOR ENSURING THAT THE VENDOR AND
ITS SUBCONTRACTORS ARE AND REMAIN ELIGIBLE UNDER ALL APPLICABLE LAWS AND ACQUIRE
ALL APPLICABLE PERMITS TO PERFORM THE WORK UNDER THE DOCUMENTS IN THE VARIOUS
JURISDICTIONS INVOLVED.
3.12.2
OBTAINING ANY APPLICABLE PERMITS REQUIRED BY ANY GOVERNMENT
ENTITY RELATING TO THE MANUFACTURE, EXPORT, IMPORTATION, RE-EXPORTATION, SAFETY,
INSTALLATION (OTHER THAN THOSE NECESSARY FOR SITE ACQUISITION AND PREPARATION)
OR USE OF THE PRODUCTS (OBTAINING OF TYPE APPROVALS AND PERMITS OF A SIMILAR
NATURE) THROUGHOUT THE REPUBLIC OF INDIA, IN ANY STATE, PROVINCE OR ANY
POLITICAL SUB-DIVISION THEREOF, OR ELSEWHERE IN THE TERRITORY SHALL BE THE SOLE
RESPONSIBILITY OF THE VENDOR PROVIDED THAT RELIANCE SHALL BE SOLELY RESPONSIBLE
FOR OBTAINING ALL THE APPLICABLE PERMITS NECESSARY FOR THE INITIAL IMPORTATION
OF THE PRODUCTS INTO THE REPUBLIC OF INDIA. VENDOR SHALL PROVIDE ALL NECESSARY
ASSISTANCE REQUIRED BY RELIANCE FOR OBTAINING THE APPLICABLE PERMITS FOR SUCH
INITIAL IMPORTATION OF THE PRODUCTS INTO THE REPUBLIC OF INDIA.
FOR THE
AVOIDANCE OF DOUBT, VENDOR SHALL BE SOLELY RESPONSIBLE FOR:
(A)
OBTAINING ALL APPLICABLE PERMITS NECESSARY FOR THE EXPORT OF THE
PRODUCTS TO THE REPUBLIC OF INDIA AND SHALL BEAR AND PAY ALL TAXES DUTIES AND
LEVIES AS APPLICABLE; AND
(B)
OBTAINING AND COMPLYING WITH THE TERMS AND CONDITIONS OF ALL
APPLICABLE PERMITS NECESSARY FOR THE IMPORT INTO THE REPUBLIC OF INDIA AND
RE-EXPORT OF ALL TOOLS AND EQUIPMENT UTILISED BY VENDOR FOR FULFILLING ITS
OBLIGATIONS UNDER THE DOCUMENTS.
PRIOR TO THE COMMENCEMENT OF ANY WORK AND/OR OTHER ACTIVITIES BY THE VENDOR OR
ANY OF ITS SUBCONTRACTORS IN CONNECTION WITH OR PURSUANT TO THE DOCUMENTS, THE
VENDOR SHALL FURNISH RELIANCE WITH EVIDENCE THAT SUCH APPLICABLE PERMITS HAVE
BEEN OBTAINED AND ARE IN FULL FORCE AND EFFECT TO THE EXTENT THAT APPLICABLE
PERMITS ARE NECESSARY FOR THE COMMENCEMENT OR UNDERTAKING OF SUCH ACTIVITIES,
AND FROM TIME TO TIME THEREAFTER THE VENDOR, UPON THE REASONABLE REQUEST OF
RELIANCE, SHALL PROVIDE SUCH FURTHER EVIDENCE AS RELIANCE DEEMS REASONABLY
NECESSARY.
3.12.3
RELIANCE AGREES TO REASONABLY ASSIST, SO LONG AS SUCH ASSISTANCE
DOES NOT INVOLVE
INCURRING OF ANY COSTS OR EXPENSES BY RELIANCE, THE VENDOR IN
OBTAINING AND MAINTAINING (A) APPLICABLE PERMITS FOR IMPORTATION OR
RE-EXPORTATION OF THE PRODUCTS AND (B) ENTRY OR WORK PERMITS, VISAS OR
AUTHORIZATIONS REQUIRED FOR PERSONNEL ENGAGED BY THE VENDOR TO PERFORM WORK
UNDER THE DOCUMENTS.
36
3.13
LIENS AND OTHER ENCUMBRANCES.
3.13.1
THE VENDOR COVENANTS AND AGREES TO:
(A)