Asphalt Overlay of CDC Roads - Clark Freeport Zone

which the Procuring Entity instructs in the notice is to be useduntil the completion of 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 of the Procuring Entity’sRepresentative’s certificate;The Procuring Entity’s Representative gives Notice that failure tocorrect a particular Defect is a fundamental breach of Contractand the Contractor fails to correct it within a reasonable periodof time determined by the Procuring Entity’s Representative;The Contractor does not maintain a Security, which is required;The Contractor has delayed the completion of the Works by thenumber of days for which the maximum amount of 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 of 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 of 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.18.5. When persons from either party to this Contract gives notice of afundamental breach to the Procuring Entity’s Representative in orderto terminate the existing contract for a cause other than those listedunder GCC Clause 18.3., the Procuring Entity’s Representative shalldecide whether the breach is fundamental or not.57Clark Development CorporationSection IV General Conditions of the ContractAsphalt Overlay of CDC Roads