Proposed Renovation of Former Jacinto Building - Clark Freeport Zone
Proposed Renovation of Former Jacinto Building - Clark Freeport Zone
Proposed Renovation of Former Jacinto Building - Clark Freeport Zone
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finality by a court <strong>of</strong> competent jurisdiction. In this event,termination will be without compensation to the Contractor,provided that such termination will not prejudice or affect anyright <strong>of</strong> action or remedy which has accrued or will accruethereafter to the Procuring Entity and/or the Contractor. In thecase <strong>of</strong> the Contractor's insolvency, any Contractor's Equipmentwhich the Procuring Entity instructs in the notice is to be useduntil the completion <strong>of</strong> the Works;(d)(e)(f)(g)(h)A payment certified by the Procuring Entity’s Representative isnot paid by the Procuring Entity to the Contractor within eightyfour (84) days from the date <strong>of</strong> the Procuring Entity’sRepresentative’s certificate;The Procuring Entity’s Representative gives Notice that failure tocorrect a particular Defect is a fundamental breach <strong>of</strong> Contractand the Contractor fails to correct it within a reasonable period<strong>of</strong> time determined by the Procuring Entity’s Representative;The Contractor does not maintain a Security, which is required;The Contractor has delayed the completion <strong>of</strong> the Works by thenumber <strong>of</strong> days for which the maximum amount <strong>of</strong> liquidateddamages can be paid, as defined in the GCC Clause 9; andIn case it is determined prima facie by the Procuring Entity thatthe Contractor has engaged, before or during theimplementation <strong>of</strong> the contract, in unlawful deeds and behaviorsrelative to contract acquisition and implementation, such as, butnot limited to, the following:(i)(ii)(iii)(iv)corrupt, fraudulent, collusive and coercive practices asdefined in ITB Clause 3.1(a);drawing up or using forged documents;using adulterated materials, means or methods, orengaging in production contrary to rules <strong>of</strong> science or thetrade; andAny other act analogous to the foregoing.18.4. The Funding Source or the Procuring Entity, as appropriate, will seek toimpose the maximum civil, administrative and/or criminal penaltiesavailable under the applicable law on individuals and organizationsdeemed to be involved with corrupt, fraudulent, or coercive practices.57<strong>Clark</strong> Development CorporationSection IV General Conditions <strong>of</strong> Contract<strong>Proposed</strong> <strong>Renovation</strong> <strong>of</strong> <strong>Former</strong> <strong>Jacinto</strong> <strong>Building</strong>(Motorpool, Records, Warehouses and Maintenance Area)