REQUEST FOR QUOTATION - GAIL (India)

General Conditions of Contract105 Contractor to indemnify theEmployer:105.1 i) The CONTRACTOR shall indemnify the EMPLOYERand every member, office and employee of theEMPLOYER, also the ENGINEER-IN-CHARGE and hisstaff against all actions, proceedings, claims, demands,costs and expenses whatsoever arising out of or inconnection with the matters referred to in Clause 102.0and elsewhere and all actions, proceedings, claims,demands, costs and expenses which may be madeagainst the EMPLOYER for or in respect of or arisingout of any failure by the CONTRACTOR in theperformance of his obligations under the CONTRACTDOCUMENT. The EMPLOYER shall not be liable foror in respect of or arising out of any failure by theCONTRACTOR in the performance of his obligationsunder the CONTRACT DOCUMENT. The EMPLOYERshall not be liable for or in respect of any demand orcompensation payable by law in respect or inconsequence of any accident or injury to any workmenor other person. In the employment of theCONTRACTOR or his SUB-CONTRACTOR theCONTRACTOR shall indemnify and keep indemnifiedthe EMPLOYER against all such damages andcompensations and against all claims, damages,proceedings, costs, charges and expenses whatsoeverin respect thereof or in relation thereto.ii)PAYMENT OF CLAIMS AND DAMAGES:Should the EMPLOYER have to pay any money inrespect of such claims or demands as aforesaid theamount so paid and the costs incurred by theEMPLOYER shall be charged to and paid by theCONTRACTOR and the CONTRACTOR shall not be atliberty to dispute or question the right of theEMPLOYER to make such payments notwithstandingthe same, may have been made without the consent orauthority or in law or otherwise to the contrary.iii) In every case in which by virtue of the provisions ofSection 12, Sub-section (i) of workmen's compensationAct, 1923 or other applicable provision of WorkmenCompensation Act or any other Act, the EMPLOYER isobliged to pay compensation to a workman employedby the CONTRACTOR in execution of the WORK, theEMPLOYER will recover from the CONTRACTOR theamount of the compensation so paid, and withoutprejudice to the rights of EMPLOYER under Section 12,Sub- section (2) of the said act, EMPLOYER shall be atliberty to recover such amount or any part thereof bydeducting it from the Contract Performance Security orfrom any sum due to the CONTRACTOR whetherunder this CONTRACT or otherwise. The EMPLOYERshall not be bound to contest any claim made underSection 12, Sub-section (i) of the said act, except on thewritten request of the CONTRACTOR and upon hisgiving to the EMPLOYER full security for all costs forwhich the EMPLOYER might become liable inconsequence of contesting such claim.64