C/o Motorable Steel Arch Bridge over river Yamne at Reglat (Bysang)
C/o Motorable Steel Arch Bridge over river Yamne at Reglat (Bysang) C/o Motorable Steel Arch Bridge over river Yamne at Reglat (Bysang)
49 2.3 The documents forming the Contract shall be interpreted in the following order of priority: (1) Agreernerrt (21 t€tter of Accepfanee, notice to proceed with the works (3) Contractor's Bid (41 Contract Data (5) conditions of contract including special conditions of co'ntract (6) Specifications (7) Drawings (8) Bill of quantities and (9) any other document listed in the Contract Data as forming part of the Contract. 3. J.l 4. 4.1. 5. Language and Law The language of the Contract and the law governing the Contract are stated in the Contract Data. Engineer's Decisions Except where otherwise specifically stated, the Engineer will decide contractual matters between the Employer and the Contractor in the role representing the Employer. Delegation The Engineer may delegate any of his duties and responsibilities to other people except to the Adjudicator after notifying the Contractor and may cancel any delegation after notifying the Contractor. 6, 6.1. Cornrnrrnications Comrnunications between parties which are referred to in the conditions are effective only when in writing. A notice shall be effective only when it is delivered (in terms of Indian Contract Act). 7. 7.r. Sub-contracting The Contractor may sub-contract any portion of work, upto a limit specified in contract Data, with the approval of the Engineer but may not assign the Contract without the approval of the Employer in writing" Sub-contracting does not alter the Contractor's obligations" C= A OrJ=O b->O f:6
OW: O .Dr c T=e 50 8. 8.1. Other Contrastors The Contractor shali cooperate and share the Site with other corrtractor:s' public authorities, utilitiei, and the Employer between the dates given in the -schedule of other contractors" The contractor shall as referred to in the Contract Data, also provide facilities and services for them as described in the Schedule. The ernployer may mod.ify the schedule of other contractors and shall notify the contractor of any such modification' 9. 9.1. 9.2. 10. 10.1. Personnel The Contractor shall emptoy the key personnel named in the Schedule of Key personnel as referred to in the Contract Data to carry out the functions stated in the Schedule or other personnel approved by the Engineer. T?re Engineer willapproveanyproposedreplacementofkeypersonnelonlyiftheir qualihcations, abilities, and relevant experience are substantially equal to or better than those of the personnel listed in the schedule. If the Engineer asks the contractor to remove a person who is a member of the Contract6r's staff or his work force stating the reasons the Contractor shall ensure that the person leaves the Site within seven days and has no further connection with the work in the Contract' Employer's and Contractor's Risks The Employer carries the risks which this Contract states are Employer's risks. and the Contractor carries the risks which this Contract states are Contractor's risks. 11. Employer's Risks 11.1. The Employer is responsible for the excepted risks which are (a) in so far as they direcity affect th. .*e.r.,tion of the Works in India, the risks of war, hostilities, invasion, act of foreign enemies, rebellion, revolution, insurrection or military or. usurped. power, ci'oil *tt, riot commotion or disorder (unless es), and esntarnination from any nuclear fuel or nuclear waste or rad.ioactive toxic explosive, or (b) a cause due solely to the design of the works, other than the contractor's design. L2. Contractor's Risks 12.T. 13. 13.1. A11 risks of loss of or damage to physical property and of personal injury- and death which arise during and in consequence of the performance of the Contract other than the excepted risks are the responsibility of the Contractor' Insurance The Contractor shall provide, in the joint nalnes of the Employer and the Contractor, insurance cover from the Start Date to the end of the Defects Liability period, in the amounts and deductibles stated in the Contract Data for theiollowing events which are due to the Contractor's risks: I 1'-.'
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49<br />
2.3<br />
The documents forming the Contract shall be interpreted in the following order<br />
of priority:<br />
(1) Agreernerrt<br />
(21 t€tter of Accepfanee, notice to proceed with the works<br />
(3) Contractor's Bid<br />
(41 Contract D<strong>at</strong>a<br />
(5) conditions of contract including special conditions of co'ntract<br />
(6) Specific<strong>at</strong>ions<br />
(7) Drawings<br />
(8) Bill of quantities and<br />
(9) any other document listed in the Contract D<strong>at</strong>a as forming part of the<br />
Contract.<br />
3.<br />
J.l<br />
4.<br />
4.1.<br />
5.<br />
Language and Law<br />
The language of the Contract and the law g<strong>over</strong>ning the Contract are st<strong>at</strong>ed in<br />
the Contract D<strong>at</strong>a.<br />
Engineer's Decisions<br />
Except where otherwise specifically st<strong>at</strong>ed, the Engineer will decide<br />
contractual m<strong>at</strong>ters between the Employer and the Contractor in the role<br />
representing the Employer.<br />
Deleg<strong>at</strong>ion<br />
The Engineer may deleg<strong>at</strong>e any of his duties and responsibilities to other<br />
people except to the Adjudic<strong>at</strong>or after notifying the Contractor and may cancel<br />
any deleg<strong>at</strong>ion after notifying the Contractor.<br />
6,<br />
6.1.<br />
Cornrnrrnic<strong>at</strong>ions<br />
Comrnunic<strong>at</strong>ions between parties which are referred to in the conditions are<br />
effective only when in writing. A notice shall be effective only when it is<br />
delivered (in terms of Indian Contract Act).<br />
7.<br />
7.r.<br />
Sub-contracting<br />
The Contractor may sub-contract any portion of work, upto a limit specified in<br />
contract D<strong>at</strong>a, with the approval of the Engineer but may not assign the<br />
Contract without the approval of the Employer in writing" Sub-contracting<br />
does not alter the Contractor's oblig<strong>at</strong>ions"<br />
C= A OrJ=O b->O f:6
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