Download - Department of Land Resources

RFP for Resurvey project - Gandhinagar & other Five Districts of Gujarat State
15. Jurisdiction
All questions, disputes or differences arising under out of or in connection with the Agreement shall be
subject to the exclusive jurisdiction of the court under whose jurisdiction the place from which the
agreement has executed i.e. Ahmedabad.
16. Force Majeure
16.1. Force Majeure means such of the following factors which substantially affect the performance of the
Agreement, such as: natural phenomena, including but not limited to floods, droughts, earthquakes
and epidemics; acts of any Government, domestic or foreign, including but not limited to war,
declared or undeclared, quarantines, embargoes; Illegal strikes and legal lockouts in respect of the
Client’s / the Survey Agency’s scope of work provided, either party shall within fifteen (15) days
from the occurrence of such a cause notify the other in writing of such causes.
16.2. The Survey Agency or the Client shall not be liable for delays in performing their obligations
resulting from any Force Majeure cause as referred to and/or defined above.
16.3. However, if such an event lasts for a period of 180 days or more then either party shall have an option
to terminate this Agreement forthwith without any liability after intimating the other party of the
same. The Survey Agency shall however be entitled to receive payments for all the services rendered
by it under this Agreement prior to termination of Agreement. The payment shall be determined as
per Section 8.5.
17. Custody of Drawing/ reports/data etc
Original Drawings/Maps/Atlas/Data/Charts/Photocopies of classified documents such as topo sheets etc.,
and all other documents received from the Client, shall remain in the custody of the Survey Agency during
the period of assignment only and shall be used exclusively for this job and shall not be made use of for any
other purpose. These shall be carefully preserved by the Survey Agency till the completion of the job and
shall be handed over to the Client on preparation of final report or on termination of the Agreement.
18. Indemnity
The Survey Agency shall indemnify the Client and every members, officers and employees of the Client,
against all actions, proceedings, claims, demands, costs and expenses whatsoever arising out of or, in
connection with various matters and against all actions, proceedings, claims, demands, costs and expenses
whatsoever arising out of any negligent act or omission or failure by the Survey Agency in the performance
of the Survey Agency obligation under this Agreement.
19. General clauses
19.1. Entire Agreement & Amendments
This Agreement constitutes the entire agreement between the parties with respect to the subject matter
hereof and supersedes all prior written, oral or implied understandings between them on that subject matter.
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