naval dockyard, mumbai - Irfc-nausena.nic.in

ARTICLE 14 ­ INDEMNITY & INSURANCE
14.1 Indemnity. The CONTRACTOR shall indemnify the CUSTOMER against all claims for death or injury caused to
any person, whether workman or not, while engaged in any process connected with the CONTRACTOR'S work or for
dues of any kind whatsoever, and the CUSTOMER shall not be bound to defend any claim brought under the Workmen's
Compensation Act, 1923 or Payment of Wages Act 1936, or any other statutory Act or Law in force from time to time and
applicable to the said work unless the CONTRACTOR first deposit with the CUSTOMER a sum sufficient to cover any
liability which CUSTOMER may have to incur in relation to such
proceedings.
14.2 Insurance. The vessel shall not be insured during the repairs period as it is the property of Government of India
and no Insurance Policy is taken for Warship/Government vessel.
The items/work shall not be insured during the repair/refit period as it is the property of the Customer and no
insurance policy is taken.
The Contractor is liable to pay for any damage that may be caused to the state property on account of
negligence by his staff.
ARTICLE 15 – SECURITY
15.1 The CONTRACTOR is bound by the Official Secrets Act 1923 and, in its connection any other statutory Act /
Law / Amendment in force and the information given is to be treated as strictly confidential and is not to be disclosed to
any person or persons not concerned therein. The CONTRACTOR shall be responsible to ensure that all persons
employed by him in the execution of any work in connection with this Contract are fully aware of the provisions of the
Official Secrets Act 1923 / Law / Amendment in force and have undertaken to comply with the same.
15.2 The CONTRACTOR shall also ensure secrecy of design, construction, equipment and documentation and shall
carry out all or any instructions given by the CUSTOMER in this respect. Should the CUSTOMER desire to check up the
security measures which have been provided, or will be adopted to achieve security, the CONTRACTOR shall produce
necessary evidence to establish the same.
15.3 In giving any information to the Sub­Contractors, the CONTRACTOR shall furnish to the Sub­Contractors only
such information as may be necessary for carrying out the respective work entrusted to them.
15.4 The security of the Ship, men and material in the CONTRACTOR’s premises is the CONTRACTOR’S
responsibility.
ARTICLE 16 ­ FORCE MAJEURE
(a) Neither party shall bear responsibility for the complete or partial nonperformance of any of its obligations
(except for failure to pay any sum which has become due on account of receipt of goods under the provisions of
the present contract), if the non­performance results from such Force Majeure circumstances as Flood, Fire,
Earth Quake and other acts of God as well as War, Military operation, blockade, Acts or Actions of State
Authorities or any other circumstances beyond the parties control that have arisen after the conclusion of the
present contract.
(b) In such circumstances the time stipulated for the performance of an obligation under the present
contract is extended correspondingly for the period of time of action of these circumstances and their
consequences.
(c) The party for which it becomes impossible to meet obligations under this contract due to Force Majeure
conditions, is to notify in written form the other party of the beginning and cessation of the above circumstances
immediately, but in any case not later than 10 (Ten) days from the moment of their beginning.
(d) Certificate of a Chamber of Commerce (Commerce and Industry) or other competent authority or
organization of the respective country shall be a sufficient proof of commencement and cessation of the above
circumstances.
(e) If the impossibility of complete or partial performance of an obligation lasts for more than 6 (six) months,
either party hereto reserves the right to terminate the contract totally or partially upon giving prior written notice of
DYT/INCOD/12­13/106(a)/PL­YCM/MADHUR­REFIT/420 115/127