Common use of Additional Representation and Warranties by Service Provider Clause in Contracts

Additional Representation and Warranties by Service Provider. 5.2.1 Service Provider shall perform the Services and carry out its obligations under the Agreement with due diligence, efficiency and economy, in accordance with generally accepted techniques and practices used in the industry and with professional standards recognized by international professional bodies and shall observe sound management practices. It shall employ appropriate advanced technology and safe and effective equipment, machinery, material and methods. 5.2.2 Service Provider has the requisite technical and other competence, sufficient, suitable, qualified and experienced manpower/personnel and expertise in providing the Services to the Bank. 5.2.3 Service Provider shall duly intimate to the Bank immediately, the changes, if any in the constitution of Service Provider. 5.2.4 Service Provider warrants that to the best of its knowledge, as on the Effective Date of this Agreement, the services and products provided by Service Provider to the Bank do not violate or infringe any patent, copyright, trademarks, trade secrets or other intellectual property rights of any third party. 5.2.5 Service provider shall ensure that all persons, employees, workers and other individuals engaged by or sub-contracted (if allowed) by Service Provider in rendering the Services under this Agreement have undergone proper background check, police verification and other necessary due diligence checks to examine their antecedence and ensure their suitability for such engagement. No person shall be engaged by Service provider unless such person is found to be suitable in such verification and Service Provider shall retain the records of such verification and shall produce the same to the Bank as and when requested. 5.2.6 Service Provider warrants that at the time of delivery the software deployed/ upgraded as a part of this Agreement is free from malware, free from any obvious bugs, and free from any covert channels in the code (of the versions of the applications/software being delivered as well as any subsequent versions/modifications done). Software deployed/ upgraded as a part of this Agreement shall remain free from OWASP Top 10 vulnerabilities (latest) during the term of this Agreement. 5.2.7 Service Provider represents and warrants that its personnel shall be present at the Bank premises or any other place as the bank may direct, only for the Services and follow all the instructions provided by the Bank; act diligently, professionally and shall maintain the decorum and environment of the Bank; comply with all occupational, health or safety policies of the Bank. 5.2.8 Service Provider warrants that it shall be solely liable and responsible for compliance of applicable Labour Laws in respect of its employee, agents, representatives and sub- contractors (if allowed) and in particular laws relating to terminal benefits such as pension, gratuity, provident fund, bonus or other benefits to which they may be entitled and the laws relating to contract labour, minimum wages, etc., and the Bank shall have no liability in this regard. 5.2.9 During the Contract period, if any software or any component thereof is supplied by Service Provider is inoperable or suffers degraded performance, Service provider shall, at the Bank’s request, promptly replace the software or specified component with new software of the same type and quality. Such replacement shall be accomplished without any adverse impact on the Bank’s operations within agreed time frame and without any additional cost to the Bank.

Additional Representation and Warranties by Service Provider. 5.2.1 4.2.1 Service Provider shall perform the Services and carry out its obligations under the Agreement with due diligence, efficiency and economy, in accordance with generally accepted techniques and practices used in the industry and with professional standards recognized by international professional bodies and shall observe sound management practices. It shall employ appropriate advanced technology and safe and effective equipment, machinery, material and methods. 5.2.2 4.2.2 Service Provider has the requisite technical and other competence, sufficient, suitable, qualified and experienced manpower/personnel and expertise in providing the Services to the Bank. 5.2.3 4.2.3 Service Provider shall duly intimate to the Bank immediately, the changes, if any in the constitution of Service Provider. 5.2.4 4.2.4 Service Provider warrants that to the best of its knowledge, as on the Effective Date of this Agreement, the products and services and products provided by Service Provider to the Bank do not violate or infringe any patent, copyright, trademarks, trade secrets or other intellectual property rights Intellectual Property Rights of any third party. 5.2.5 4.2.5 Service provider shall ensure that all persons, employees, workers and other individuals engaged by or sub-contracted (if allowed) by Service Provider in rendering the Services under this Agreement have undergone proper background check, police verification and other necessary due diligence checks to examine their antecedence and ensure their suitability for such engagement. No person shall be engaged by Service provider unless such person is found to be suitable in such verification and Service Provider shall retain the records of such verification and shall produce the same to the Bank as and when requested. 5.2.6 Service Provider warrants that at the time of delivery the software deployed/ upgraded as a part of this Agreement is free from malware, free from any obvious bugs, and free from any covert channels in the code (of the versions of the applications/software being delivered as well as any subsequent versions/modifications done). Software deployed/ upgraded as a part of this Agreement shall remain free from OWASP Top 10 vulnerabilities (latest) during the term of this Agreement. 5.2.7 Service Provider represents and warrants that its personnel shall be present at the Bank premises or any other place as the bank may direct, only for the Services and follow all the instructions provided by the Bank; act diligently, professionally and shall maintain the decorum and environment of the Bank; comply with all occupational, health or safety policies of the Bank. 5.2.8 4.2.6 Service Provider warrants that it shall be solely liable and responsible for compliance of applicable Labour Laws in respect of its employee, agents, representatives and sub- sub-contractors (if allowed) and in particular laws relating to terminal benefits such as pension, gratuity, provident provided fund, bonus or other benefits to which they may be entitled and the laws relating to contract labour, minimum wages, etc., and the Bank shall have no liability in this regard. 5.2.9 During the Contract period, if any software or any component thereof is supplied by Service Provider is inoperable or suffers degraded performance, Service provider shall, at the Bank’s request, promptly replace the software or specified component with new software of the same type and quality. Such replacement shall be accomplished without any adverse impact on the Bank’s operations within agreed time frame and without any additional cost to the Bank.

Additional Representation and Warranties by Service Provider. 5.2.1 The Service Provider shall perform the Services and carry out its obligations under the Agreement with due diligence, efficiency and economy, in accordance with generally accepted techniques and practices used in the industry and with professional standards recognized by international professional bodies and shall observe sound management practices. It shall employ appropriate advanced technology and safe and effective equipment, machinery, material and methods. 5.2.2 The Service Provider has the requisite technical and other competence, sufficient, suitable, qualified and experienced manpower/personnel and expertise in providing the Services to the Bank. 5.2.3 The Service Provider shall duly intimate to the Bank immediately, the changes, if any in the constitution of the Service Provider. 5.2.4 Service Provider warrants that to the best of its knowledge, as on the Effective Date of this Agreement, the The services and products provided by the Service Provider to the Bank do not violate or infringe any patent, copyright, trademarks, trade secrets or other intellectual property rights of any third party. 5.2.5 The Service provider shall ensure that all persons, employees, workers and other individuals engaged by or sub-contracted (if allowed) by the Service Provider in rendering the Services under this Agreement have undergone proper background check, police verification and other necessary due diligence checks to examine their antecedence and ensure their suitability for such engagement. No person shall be engaged by the Service provider unless such person is found to be suitable in such verification and the Service Provider shall retain the records of such verification and shall produce the same to the Bank as and when requested. 5.2.6 Service Provider warrants that at the time of delivery the software deployed/ upgraded as a part of this Agreement is free from malware, free from any obvious bugs, and free from any covert channels in the code (of the versions of the applications/software being delivered as well as any subsequent versions/modifications done). Software deployed/ upgraded as a part of this Agreement shall remain ) and free from OWASP Top 10 vulnerabilities (latest) of applications/software arising out of faulty design, workmanship, etc. during the term of this Agreementservice period. 5.2.7 Service Provider represents and warrants that its personnel shall be present at the Bank premises or any other place as the bank may direct, only for the Services and follow all the instructions provided by the Bank; act diligently, professionally and shall maintain the decorum and environment of the Bank; comply with all occupational, health or safety policies of the Bank. 5.2.8 Service Provider warrants that it shall be solely liable and responsible for compliance of applicable assume responsibility under Labour Laws in respect and also hold the Bank harmless from any loss, expense, damage or personal injury, death and any claim for payment of compensation of its employeeemployees, agentssalary, representatives and sub- contractors (if allowed) and in particular laws relating to terminal retirement benefits, or any other fringe benefits such as pensionasserted by an employee of Service Provider, gratuity, provident fund, bonus or other benefits to which they may be entitled and the laws relating to contract labour, minimum wages, etc., and the Bank shall have no liability in this regardarising out of Service Provider’s performance of Services hereunder. 5.2.9 During the Contract contract period, if any software or any component thereof is supplied by Service Provider is inoperable or suffers degraded performance, Service provider shall, at the Bank’s request, promptly replace the software or specified component with new software of the same type and quality. Such replacement shall be accomplished without any adverse impact on the Bank’s operations within agreed time frame and without any additional cost to the Bank.

Additional Representation and Warranties by Service Provider. 5.2.1 The Service Provider shall perform the Services and carry out its obligations under the Agreement with due diligence, efficiency and economy, in accordance with generally accepted techniques and practices used in the industry and with professional standards recognized by international professional bodies and shall observe sound management practices. It shall employ appropriate advanced technology and safe and effective equipment, machinery, material and methods. 5.2.2 The Service Provider has the requisite technical and other competence, sufficient, suitable, qualified and experienced manpower/personnel and expertise in providing the Services to the Bank. 5.2.3 The Service Provider shall duly intimate to the Bank immediately, the changes, if any in the constitution of the Service Provider. 5.2.4 Service Provider warrants that to the best of its knowledge, as on the Effective Date of this Agreement, the The services and products provided by the Service Provider to the Bank do not violate or infringe any patent, copyright, trademarks, trade secrets or other intellectual property rights of any third party. 5.2.5 The Service provider shall ensure that all persons, employees, workers and other individuals engaged by or sub-contracted (if allowed) by the Service Provider in rendering the Services under this Agreement have undergone proper background check, police verification and other necessary due diligence checks to examine their antecedence and ensure their suitability for such engagement. No person shall be engaged by the Service provider unless such person is found to be suitable in such verification and the Service Provider shall retain the records of such verification and shall produce the same to the Bank as and when requested. 5.2.6 Service Provider warrants Providerwarrants that at the time of delivery the software deployed/ upgraded as a part of this Agreement is free from malware, free from any obvious bugs, and free from any covert channels in the code (of the versions of the applications/software being delivered as well as any subsequent versions/modifications done). Software deployed/ upgraded as a part of this Agreement shall remain ) and free from OWASP Top 10 vulnerabilities (latest) of applications/software arising out of faulty design,workmanship, etc. during the term of this Agreementservice period. 5.2.7 Service Provider represents Providerrepresents and warrants that its personnel shall be present at the Bank premises or any other place as the bank may direct, only for the Services and follow all the instructions provided by the Bank; act diligently, professionally and shall maintain the decorum and environment of the Bank; comply with all occupational, health or safety policies of the Bank. 5.2.8 Service Provider warrants that it shall be solely liable and responsible for compliance of applicable Providershall assume responsibility under Labour Laws in respect and also hold the Bank harmless from any loss, expense, damage or personal injury, death and any claim for payment of compensation of its employeeemployees, agentssalary, representatives and sub- contractors (if allowed) and in particular laws relating to terminal retirement benefits, or any other fringe benefits such as pension, gratuity, provident fund, bonus or other benefits to which they may be entitled and the laws relating to contract labour, minimum wages, etc., and the Bank shall have no liability in this regardasserted by an employee of Service Provider,arising out of Service Provider’s performance of Services hereunder. 5.2.9 During the Contract contract period, if any software or any component thereof is supplied by Service Provider is inoperable or suffers degraded performance, Service provider shall, at the Bank’s request, promptly replace the software or specified component with new software of the same type and quality. Such replacement shall be accomplished without any adverse impact on the Bank’s operations within operationswithin agreed time frame and without any additional cost to the Bank.

Additional Representation and Warranties by Service Provider. 5.2.1 The Service Provider shall perform the Services and carry out its obligations under the Agreement with due diligence, efficiency and economy, in accordance with generally accepted techniques and practices used in the industry and with professional standards recognized by international professional bodies and shall observe sound management practices. It shall employ appropriate advanced technology and safe and effective equipment, machinery, material and methods. 5.2.2 The Service Provider has the requisite technical and other competence, sufficient, suitable, qualified and experienced manpower/personnel and expertise in providing the Services to the Bank. 5.2.3 The Service Provider shall duly intimate to the Bank immediately, the changes, if any in the constitution of the Service Provider. 5.2.4 Service Provider warrants that to the best of its knowledge, as on the Effective Date of this Agreement, the The services and products provided by the Service Provider to the Bank do not violate or infringe any patent, copyright, trademarks, trade secrets or other intellectual property rights of any third party. 5.2.5 The Service provider shall ensure that all persons, employees, workers and other individuals engaged by or sub-contracted (if allowed) by the Service Provider in rendering the Services under this Agreement have undergone proper background check, police verification and other necessary due diligence checks to examine their antecedence and ensure their suitability for such engagement. No person shall be engaged by the Service provider unless such person is found to be suitable in such verification and the Service Provider shall retain the records of such verification and shall produce the same to the Bank as and when requested. 5.2.6 Service Provider warrants that at the time of delivery the software deployed/ upgraded as a part of this Agreement is free from malware, free from any obvious bugs, and free from any covert channels in the code (of the versions of the applications/software being delivered as well as any subsequent versions/modifications done). Software deployed/ upgraded as a part of this Agreement shall remain ) and free from OWASP Top 10 vulnerabilities (latest) of applications/software arising out of faulty design, workmanship, etc. during the term of this Agreementservice period. 5.2.7 Service Provider represents and warrants that its personnel shall be present at the Bank premises or any other place as the bank may direct, only for the Services and follow all the instructions provided by the Bank; act diligently, professionally and shall maintain the decorum and environment of the Bank; comply with all occupational, health or safety policies of the Bank. 5.2.8 Service Provider warrants that it shall be solely liable and responsible for compliance of applicable assume responsibility under Labour Laws in respect and also hold the Bank harmless from any loss, expense, damage or personal injury, death and any claim for payment of compensation of its employeeemployees, agentssalary, representatives and sub- contractors (if allowed) and in particular laws relating to terminal retirement benefits, or any other fringe benefits such as pensionasserted by an employee of Service Provider, gratuity, provident fund, bonus or other benefits to which they may be entitled and the laws relating to contract labour, minimum wages, etc., and the Bank shall have no liability in this regardarising out of Service Provider‟s performance of Services hereunder. 5.2.9 During the Contract contract period, if any software or any component thereof is supplied by Service Provider is inoperable or suffers degraded performance, Service provider shall, at the Bank’s Bank‟s request, promptly replace the software or specified component with new software of the same type and quality. Such replacement shall be accomplished without any adverse impact on the Bank’s Bank‟s operations within agreed time frame and without any additional cost to the Bank.

Additional Representation and Warranties by Service Provider. 5.2.1 The Service Provider shall perform the Services and carry out its obligations under the Agreement with due diligence, efficiency and economy, in accordance with generally accepted techniques and practices used in the industry and with professional standards recognized by international professional bodies and shall observe sound management practices. It shall employ appropriate advanced technology and safe and effective equipment, machinery, material and methods. 5.2.2 The Service Provider has the requisite technical and other competence, sufficient, suitable, qualified and experienced manpower/personnel and expertise in providing the Services to the Bank. 5.2.3 The Service Provider shall duly intimate to the Bank immediately, the changes, if any in the constitution of the Service Provider. 5.2.4 Service Provider warrants that to the best of its knowledge, as on the Effective Date of this Agreement, the The services and products provided by the Service Provider to the Bank do not violate or infringe any patent, copyright, trademarks, trade secrets or other intellectual property rights of any third party. 5.2.5 The Service provider shall ensure that all persons, employees, workers and other individuals engaged by or sub-contracted (if allowed) by the Service Provider in rendering the Services under this Agreement have undergone proper background check, police verification and other necessary due diligence checks to examine their antecedence and ensure their suitability for such engagement. No person shall be engaged by the Service provider unless such person is found to be suitable in such verification and the Service Provider shall retain the records of such verification and shall produce the same to the Bank as and when requested. Any change/replacement of the persons, employees, workers and other individuals engaged or sub-contracted by the service Provider for rendering the services shall be duly informed and done with mutual consent with the Bank. 5.2.6 Service Provider warrants that at the time of delivery the software deployed/ Operating Systems/ firmware upgraded as a part of this Agreement is free from malware, free from any obvious bugs, and free from any covert channels in the code (of the versions of the applications/software being delivered as well as any subsequent versions/modifications done). Software deployed/ upgraded as a part of this Agreement shall remain ) and free from OWASP Top 10 vulnerabilities (latest) of applications/software arising out of faulty design, workmanship, etc. during the term of this Agreementservice period. 5.2.7 Service Provider represents and warrants that its personnel shall be present at the Bank premises or any other place as the bank may direct, only for the Services and follow all the instructions provided by the Bank; act diligently, professionally and shall maintain the decorum and environment of the Bank; comply with all occupational, health or safety policies of the Bank. 5.2.8 Service Provider warrants that it shall be solely liable and responsible for compliance of applicable assume responsibility under Labour Laws in respect and also hold the Bank harmless from any loss, expense, damage or personal injury, death and any claim for payment of compensation of its employeeemployees, agentssalary, representatives and sub- contractors (if allowed) and in particular laws relating to terminal retirement benefits, or any other fringe benefits such as pensionasserted by an employee of Service Provider, gratuity, provident fund, bonus or other benefits to which they may be entitled and the laws relating to contract labour, minimum wages, etc., and the Bank shall have no liability in this regardarising out of Service Provider’s performance of Services hereunder. 5.2.9 During the Contract contract period, if any software or any component thereof is supplied by Service Provider is inoperable or suffers degraded performance, Service provider shall, at the Bank’s request, promptly replace the software or specified component with new software of the same type and quality. Such replacement shall be accomplished without any adverse impact on the Bank’s operations within agreed time frame and without any additional cost to the Bank.

Additional Representation and Warranties by Service Provider. 5.2.1 4.2.1 The Service Provider shall perform the Services and carry out its obligations under the Agreement with due diligence, efficiency and economy, in accordance with generally accepted techniques and practices used in the industry and with professional standards recognized by international professional bodies and shall observe sound management practices. It shall employ appropriate advanced technology and safe and effective equipment, machinery, material and methods. 5.2.2 4.2.2 The Service Provider has the requisite technical and other competence, sufficient, suitable, qualified and experienced manpower/personnel and expertise in providing the Services to the Bank. 5.2.3 4.2.3 The Service Provider shall duly intimate to the Bank immediately, the changes, if any in the constitution of the Service Provider. 5.2.4 Service Provider warrants that to the best of its knowledge, as on the Effective Date of this Agreement, the 4.2.4 The services and products provided by the Service Provider to the Bank do not violate or infringe any patent, copyright, trademarks, trade secrets or other intellectual property rights of any third party. 5.2.5 4.2.5 The Service provider shall ensure that all persons, employees, workers and other individuals engaged by or sub-contracted (if allowed) by the Service Provider in rendering the Services under this Agreement have undergone proper background check, police verification and other necessary due diligence checks to examine their antecedence and ensure their suitability for such engagement. No person shall be engaged by the Service provider unless such person is found to be suitable in such verification and the Service Provider shall retain the records of such verification and shall produce the same to the Bank as and when requested. 5.2.6 4.2.6 To ensure correctness and authenticity of the report, Service Provider warrants that also agrees and undertakes to conduct back checks for all the verification conducted by its Field Verifiers to verify the authenticity of report (conducted by Field Verifiers)/ behaviour of field verifier by making a phone call at proposed applicant’s residence/business or otherwise. 4.2.7 Service Provider should also ensure strict compliance of the Code of Conduct provided by SBI from time to time. A copy of delivery the software deployed/ upgraded current Code of Conduct and declaration to be provided by verification agent is attached herewith and marked as a part Annexure – 2 of this Agreement is free from malwareagreement. The said Code of Conduct can be changed and modified by SBI at any time and Service Provider agrees to comply with the same. 4.2.8 Service Provider also agrees to provide regular training to all its new field verifiers on how to conduct verification services, free from any obvious bugsat its own cost and agree to issue its own identity cards to its Field verifiers, which each field verifier has to carry while performing verification. SBI shall approve format of the ID Card, placed as Annexure – 3 of this agreement. SBI also agrees to conduct detailed verification/reference checks of its Employees before recruitment. 4.2.9 Service Provider shall submit daily MIS containing number of cases received, no of cases submitted to SBI, and free from any covert channels no of cases pending with SBI. 4.2.10 In the event, the Service Provider is unable to conduct Field verifiers of the proposed borrower on the basis of the information as specified in the code (of Communication in full or at all, the versions of the applications/software being delivered as well as any subsequent versions/modifications done). Software deployed/ upgraded as a part of this Agreement shall remain free from OWASP Top 10 vulnerabilities (latest) during the term of this Agreement. 5.2.7 Service Provider represents shall continuously follow-up and warrants that its personnel shall be present at use it best efforts to correctly verify the Bank premises or any other place as the bank may direct, only for the Services and follow all the instructions provided details submitted by the Bank; act diligently, professionally and shall maintain proposed applicant in the decorum and environment of the Bank; comply with all occupational, health or safety policies of the Bank. 5.2.8 application form. The Service Provider warrants that it shall be solely liable agrees and responsible for compliance undertakes to at least make minimum of applicable Labour Laws 2 attempts in respect of its employee, agents, representatives and sub- contractors two different days before a case (if allowedApplication form) and in particular laws relating to terminal benefits such as pension, gratuity, provident fund, bonus or other benefits to which they may be entitled and the laws relating to contract labour, minimum wages, etc., and the Bank shall have no liability in this regard. 5.2.9 During the Contract period, if any software or any component thereof is supplied returned back by Service Provider to SBI. 4.2.11 In the event, the Service Provider is inoperable or suffers degraded performance, Service provider shall, at the Bank’s request, promptly replace the software or specified component with new software unable to conduct Telephone verification of the same type and quality. Such replacement shall be accomplished without any adverse impact proposed applicant on the Bank’s operations within agreed time frame basis of the application as specified in the Communication in full or at all, the Service Provider shall continuously follow-up applicant in the application form. The service Provider agrees and without any additional cost undertakes to at least make minimum of 5 attempts in two different days before a case (Application form) is returned back by Service Provider to SBI. 4.2.12 The territory/centres in which the Bank.Service Provider shall render its services will be as per

Additional Representation and Warranties by Service Provider. 5.2.1 Service Provider shall perform the Services and carry out its obligations under the Agreement with due diligence, efficiency and economy, in accordance with generally accepted techniques and practices used in the industry and with professional standards recognized by international professional bodies and shall observe sound management practices. It shall employ appropriate advanced technology and safe and effective equipment, machinery, material and methods. 5.2.2 Service Provider has the requisite technical and other competence, sufficient, suitable, qualified and experienced manpower/personnel and expertise in providing the Services to the Bank. 5.2.3 Service Provider shall duly intimate to the Bank immediately, the changes, if any in the constitution of Service Provider. 5.2.4 Service Provider warrants that to the best of its knowledge, as on the Effective Date of this Agreement, the services and products provided by Service Provider to the Bank do not violate or infringe any patent, copyright, trademarks, trade secrets or other intellectual property rights of any third party. 5.2.5 Service provider shall ensure that all persons, employees, workers and other individuals engaged by or sub-contracted (if allowed) by Service Provider in rendering the Services under this Agreement have undergone proper background check, police verification and other necessary due diligence checks to examine their antecedence and ensure their suitability for such engagement. No person shall be engaged by Service provider unless such person is found to be suitable in such verification and Service Provider shall retain the records of such verification and shall produce the same to the Bank as and when requested. 5.2.6 Service Provider warrants that at the time of delivery the software deployed/ upgraded as a part of this Agreement is free from malware, free from any obvious bugs, and free from any covert channels in the code (of the versions of the applications/software being delivered as well as any subsequent versions/modifications done). Software deployed/ upgraded as a part of this Agreement shall remain free from OWASP Top 10 vulnerabilities (latest) during the term of this Agreement. 5.2.7 5.2.5 Service Provider represents and warrants that its personnel shall be present at the Bank premises or any other place as the bank may direct, only for the Services and follow all the instructions provided by the Bank; act diligently, professionally and shall maintain the decorum and environment of the Bank; comply with all occupational, health or safety policies of the Bank. 5.2.8 5.2.6 Service Provider warrants that it shall be solely liable and responsible for compliance of applicable Labour Laws in respect of its employee, agents, representatives and sub- contractors (if allowed) and in particular laws relating to terminal benefits such as pension, gratuity, provident fund, bonus or other benefits to which they may be entitled and the laws relating to contract labour, minimum wages, etc., and the Bank shall have no liability in this regard. 5.2.9 During the Contract period, if any software or any component thereof is supplied by Service Provider is inoperable or suffers degraded performance, Service provider shall, at the Bank’s request, promptly replace the software or specified component with new software of the same type and quality. Such replacement shall be accomplished without any adverse impact on the Bank’s operations within agreed time frame and without any additional cost to the Bank.

Additional Representation and Warranties by Service Provider. 5.2.1 4.2.1 The Service Provider shall perform the Services and carry out its obligations under the Agreement with due diligence, efficiency and economy, in accordance with generally accepted techniques and practices used in the industry and with professional standards recognized by international professional bodies and shall observe sound management practices. It shall employ appropriate advanced technology and safe and effective equipment, machinery, material and methods. 5.2.2 4.2.2 The Service Provider has the requisite technical and other competence, sufficient, suitable, qualified and experienced manpower/personnel and expertise in providing the Services to the Bank. 5.2.3 4.2.3 The Service Provider shall duly intimate to the Bank immediately, the changes, if any in the constitution of the Service Provider. 5.2.4 Service Provider warrants that to the best of its knowledge, as on the Effective Date of this Agreement, the 4.2.4 The services and products provided by the Service Provider to the Bank do not violate or infringe any patent, copyright, trademarks, trade secrets or other intellectual property rights of any third party. 5.2.5 4.2.5 The Service provider shall ensure that all persons, employees, workers and other individuals engaged by or sub-contracted (if allowed) by the Service Provider in rendering the Services under this Agreement have undergone proper background check, police verification and other necessary due diligence checks to examine their antecedence and ensure their suitability for such engagement. No person shall be engaged by the Service provider unless such person is found to be suitable in such verification and the Service Provider shall retain the records of such verification and shall produce the same to the Bank as and when requested. 5.2.6 4.2.6 To ensure correctness and authenticity of the report, Service Provider warrants that also agrees and undertakes to conduct back checks for all the verification conducted by its Field Verifiers to verify the authenticity of report (conducted by Field Verifiers)/ behaviour of field verifier by making a phone call at proposed applicant’s residence/business or otherwise. 4.2.7 Service Provider should also ensure strict compliance of the Code of Conduct provided by SBI from time to time. A copy of delivery the software deployed/ upgraded current Code of Conduct and declaration to be provided by verification agent is attached herewith and marked as a part Annexure – 2 of this Agreement is free from malwareagreement. The said Code of Conduct can be changed and modified by SBI at any time and Service Provider agrees to comply with the same. 4.2.8 Service Provider also agrees to provide regular training to all its new field verifiers on how to conduct verification services, free from any obvious bugsat its own cost and agree to issue its own identity cards to its Field verifiers, which each field verifier has to carry while performing verification. SBI shall approve format of the ID Card, placed as Annexure – 3 of this agreement. SBI also agrees to conduct detailed verification/reference checks of its Employees before recruitment. 4.2.9 Service Provider shall submit daily MIS containing number of cases received, no of cases submitted to SBI, and free from any covert channels no of cases pending with SBI. 4.2.10 In the event, the Service Provider is unable to conduct Field verifiers of the proposed borrower on the basis of the information as specified in the code (of Communication in full or at all, the versions of the applications/software being delivered as well as any subsequent versions/modifications done). Software deployed/ upgraded as a part of this Agreement shall remain free from OWASP Top 10 vulnerabilities (latest) during the term of this Agreement. 5.2.7 Service Provider represents shall continuously follow-up and warrants that its personnel shall be present at use it best efforts to correctly verify the Bank premises or any other place as the bank may direct, only for the Services and follow all the instructions provided details submitted by the Bank; act diligently, professionally and shall maintain proposed applicant in the decorum and environment of the Bank; comply with all occupational, health or safety policies of the Bank. 5.2.8 application form. The Service Provider warrants that it shall be solely liable agrees and responsible for compliance undertakes to at least make minimum of applicable Labour Laws 2 attempts in respect of its employee, agents, representatives and sub- contractors two different days before a case (if allowedApplication form) and in particular laws relating to terminal benefits such as pension, gratuity, provident fund, bonus or other benefits to which they may be entitled and the laws relating to contract labour, minimum wages, etc., and the Bank shall have no liability in this regard. 5.2.9 During the Contract period, if any software or any component thereof is supplied returned back by Service Provider to SBI. 4.2.11 In the event, the Service Provider is inoperable or suffers degraded performance, Service provider shall, at the Bank’s request, promptly replace the software or specified component with new software unable to conduct Telephone verification of the same type and quality. Such replacement shall be accomplished without any adverse impact proposed applicant on the Bank’s operations within agreed time frame basis of the application as specified in the Communication in full or at all, the Service Provider shall continuously follow-up applicant in the application form. The service Provider agrees and without any additional cost undertakes to at least make minimum of 5 attempts in two different days before a case (Application form) is returned back by Service Provider to SBI. 4.2.12 The territory/centres in which the BankService Provider shall render its services will be as per Annexure – 4 of this agreement.

Additional Representation and Warranties by Service Provider. 5.2.1 Service Provider shall perform the Services and carry out its obligations under the Agreement with due diligence, efficiency and economy, in accordance with generally accepted techniques and practices used in the industry and with professional standards recognized by international professional bodies and shall observe sound management practices. It shall employ appropriate advanced technology and safe and effective equipment, machinery, material and methods. 5.2.2 Service Provider has the requisite technical and other competence, sufficient, suitable, qualified and experienced manpower/personnel and expertise in providing the Services to the Bank. 5.2.3 Service Provider shall duly intimate to the Bank immediately, the changes, if any in the constitution of Service Provider. 5.2.4 Service Provider warrants that to the best of its knowledge, as on the Effective Date of this Agreement, the services and products provided by Service Provider to the Bank do not violate or infringe any patent, copyright, trademarks, trade secrets or other intellectual property rights of any third party. 5.2.5 Service provider shall ensure that all persons, employees, workers and other individuals engaged by or sub-contracted (if allowed) by Service Provider in rendering the Services under this Agreement have undergone proper background check, police verification and other necessary due diligence checks to examine their antecedence and ensure their suitability for such engagement. No person shall be engaged by Service provider unless such person is found to be suitable in such verification and Service Provider shall retain the records of such verification and shall produce the same to the Bank as and when requested. 5.2.6 Service Provider warrants that at the time of delivery the software deployed/ upgraded as a part of this Agreement is free from malware, free from any obvious bugs, and free from any covert channels in the code (of the versions of the applications/software being delivered as well as any subsequent versions/modifications done). Software deployed/ upgraded as a part of this Agreement shall remain free from OWASP Top 10 vulnerabilities (latest) during the term of this Agreement. 5.2.7 Service Provider represents and warrants that its personnel shall be present at the Bank premises or any other place as the bank may direct, only for the Services and follow all the instructions provided by the Bank; act diligently, professionally and shall maintain the decorum and environment of the Bank; comply with all occupational, health or safety policies of the Bank. 5.2.8 5.2.7 Service Provider warrants that it shall be solely liable and responsible for compliance of applicable Labour Laws in respect of its employee, agents, representatives and sub- contractors (if allowed) and in particular laws relating to terminal benefits such as pension, gratuity, provident fund, bonus or other benefits to which they may be entitled and the laws relating to contract labour, minimum wages, etc., and the Bank shall have no liability in this regard. 5.2.9 During the Contract period, if any software or any component thereof is supplied by Service Provider is inoperable or suffers degraded performance, Service provider shall, at the Bank’s request, promptly replace the software or specified component with new software of the same type and quality. Such replacement shall be accomplished without any adverse impact on the Bank’s operations within agreed time frame and without any additional cost to the Bank.

Additional Representation and Warranties by Service Provider. 5.2.1 The Service Provider shall perform the Services and carry out its obligations under the Agreement with due diligence, efficiency and economy, in accordance with generally accepted techniques and practices used in the industry and with professional standards recognized by international professional bodies and shall observe sound management practices. It shall employ appropriate advanced technology and safe and effective equipment, machinery, material and methods. 5.2.2 The Service Provider has the requisite technical and other competence, sufficient, suitable, qualified and experienced manpower/personnel and expertise in providing the Services to the Bank. 5.2.3 The Service Provider shall duly intimate to the Bank immediately, the changes, if any in the constitution of the Service Provider. 5.2.4 Service Provider warrants that to the best of its knowledge, as on the Effective Date of this Agreement, the The services and products provided by the Service Provider to the Bank do not violate or infringe any patent, copyright, trademarks, trade secrets or other intellectual property rights of any third party. 5.2.5 The Service provider shall ensure that all persons, employees, workers and other individuals engaged by or sub-contracted (if allowed) by the Service Provider Provider, where permissible, in rendering the Services under this Agreement have undergone proper background check, police verification and other necessary due diligence checks to examine their antecedence and ensure their suitability for such engagement. No person shall be engaged by the Service provider unless such person is found to be suitable in such verification and the Service Provider shall retain the records of such verification and shall produce the same to the Bank as and when requested. 5.2.6 Service Provider warrants that at the time of delivery the software (used in the process) deployed/ upgraded as a part of this Agreement is free from malware, free from any obvious bugs, and free from any covert channels in the code (of the versions of the applications/software being delivered as well as any subsequent versions/modifications done). Software deployed/ upgraded as a part of this Agreement shall remain ) and free from OWASP Top 10 Ten vulnerabilities (latest) of applications/software arising out of faulty design, workmanship, etc. during the term of this Agreementservice period. 5.2.7 Service Provider represents and warrants that its personnel shall be present at the Bank bank premises or any other place as the bank may direct, only for the Services and follow all the instructions provided by the Bank; act diligently, professionally and shall maintain the decorum and environment of the Bank; comply with all occupational, health or safety policies of the Bank. 5.2.8 Service Provider warrants that it shall be solely liable and responsible for compliance of applicable assume responsibility under Labour Laws in respect and also hold the bank harmless from any loss, expense, damage or personal injury, death and any claim for payment of compensation of its employeeemployees, agentssalary, representatives and sub- contractors (if allowed) and in particular laws relating to terminal benefits such as pensionretirement benefits, gratuity, provident fund, bonus or other benefits to which they may be entitled and the laws relating to contract labour, minimum wages, etc., and the Bank shall have no liability in this regard. 5.2.9 During the Contract period, if any software or any component thereof is supplied other fringe benefits asserted by an employee of Service Provider is inoperable or suffers degraded performanceProvider, arising out of Service provider shall, at the BankProvider’s request, promptly replace the software or specified component with new software performance of the same type and quality. Such replacement shall be accomplished without any adverse impact on the Bank’s operations within agreed time frame and without any additional cost to the BankServices hereunder.