GAIL (India) Limited MECON LIMITED

taken as correct.c) When it is not possible to ascertain the correct rate by either ofabove methods, the rate quoted in words shall be taken as correct.4.4 Corrections and Erasures: All correction(s) and alteration(s) in the entriesof tender paper shall be signed in full by the TENDERER with date. Noerasure or over writing is permissible.4.5 Signature of Tenderer:4.5.1 The TENDERER shall contain the name, residence and place ofbusiness of person or persons making the tender and shall be signedby the TENDERER with his usual signature. Partnership firms shallfurnish the full names of all partners in the tender. It should be signedin the partnership's name by all the partners or by duly authorisedrepresentatives followed by the name and designation of the personsigning. Tender by a corporation shall be signed by an authorisedrepresentative, and a Power of Attorney in that behalf shallaccompany the tender. A copy of the constitution of the firm withnames of all partners shall be furnished.4.5.2 When a tenderer signs a tender in a language other than English, thetotal amount tendered should, in addition, be written in the samelanguage. The signature should be attested by at least one witness.4.6 Witness: Witness and sureties shall be persons of status and property andtheir names, occupation and address shall be stated below their signature.4.7 Details of Experience: The tenderer should furnish, alongwith his tender,details of previous experience in having successfully completed in therecent past works of this nature, together with the names of Employers,location of sites and value of contract, date of commencement andcompletion of work, delays if any, reasons of delay and other detailsalongwith documentary evidence(s).4.8 Liability of Government of India: It is expressly understood and agreed byand between Bidder or/Contractor and M/s GAIL (India) Limited, andthat M/s GAIL (India) Ltd., is entering into this agreement solely on itsown behalf and not on behalf of any other person or entity. In particular,it is expressly understood and agreed that the Government of India isnot a party to this agreement and has no liabilities, obligations or rightshereunder. It is expressly understood and agreed that M/s GAIL (India)Ltd. is an independent legal entity with power and authority to enter intocontracts solely on its own behalf under the applicable Laws of Indiaand general principles of Contract Law. The Bidder/Contractorexpressly agrees, acknowledges and understands that M/s GAIL (India)Ltd. is not an agent, representative or delegate of the Government ofIndia. It is further understood and agreed that the Government of Indiais not and shall not be liable for any acts, omissions, commissions,breaches or other wrongs arising out of the contract. Accordingly,Bidder/Contractor hereby expressly waives, releases and foregoes anyand all actions or claims, including cross claims, impleader claims orcounter claims against the Government of India arising out of thiscontract and covenants not to sue to Government of India as to anymanner, claim, cause of action or thing whatsoever arising of or underthis agreement.5. Transfer of TenderDocuments:5.1 Transfer of Tender Documents purchased by one intending tenderer toanother is not permissible.