11.07.2015 Views

Improvement of FPA Laboratory - Fertilizer and Pesticide Authority

Improvement of FPA Laboratory - Fertilizer and Pesticide Authority

Improvement of FPA Laboratory - Fertilizer and Pesticide Authority

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(b)(c)(d)(e)(f)(g)(h)The Procuring Entity’s Representative instructs the Contractor to delaythe progress <strong>of</strong> the Works, <strong>and</strong> the instruction is not withdrawn withintwenty eight (28) days;The Procuring Entity shall terminate this Contract if the Contractor isdeclared bankrupt or insolvent as determined with finality by a court <strong>of</strong>competent jurisdiction. In this event, termination will be withoutcompensation to the Contractor, provided that such termination willnot prejudice or affect any right <strong>of</strong> action or remedy which has accruedor will accrue thereafter to the Procuring Entity <strong>and</strong>/or the Contractor.In the case <strong>of</strong> the Contractor's insolvency, any Contractor's Equipmentwhich the Procuring Entity instructs in the notice is to be used until thecompletion <strong>of</strong> the Works;A payment certified by the Procuring Entity’s Representative is notpaid by the Procuring Entity to the Contractor within eighty four (84)days from the date <strong>of</strong> the Procuring Entity’s Representative’scertificate;The Procuring Entity’s Representative gives Notice that failure tocorrect a particular Defect is a fundamental breach <strong>of</strong> Contract <strong>and</strong> theContractor fails to correct it within a reasonable period <strong>of</strong> timedetermined 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> liquidated damagescan be paid, as defined in the GCC Clause 9; <strong>and</strong>In case it is determined prima facie by the Procuring Entity that theContractor has engaged, before or during the implementation <strong>of</strong> thecontract, in unlawful deeds <strong>and</strong> behaviors relative to contractacquisition <strong>and</strong> implementation, such as, but not limited to, thefollowing:(i)(ii)(iii)(iv)corrupt, fraudulent, collusive, coercive, <strong>and</strong> obstructivepractices as defined in ITB Clause 3.1(a), unless otherwisespecified in the SCC;drawing up or using forged documents;using adulterated materials, means or methods, or engaging inproduction contrary to rules <strong>of</strong> science or the trade; <strong>and</strong>any other act analogous to the foregoing.18.4. The Funding Source or the Procuring Entity, as appropriate, will seek toimpose the maximum civil, administrative <strong>and</strong>/or criminal penaltiesavailable under the applicable law on individuals <strong>and</strong> organizations deemedto be involved with corrupt, fraudulent, or coercive practices.57

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