GAIL (India) Limited MECON LIMITED

y CONTRACTOR pursuant to the provisions of the relevantclause hereof, the CONTRACTOR shall obtain from theSUB-CONTRACTOR an undertaking to provide the EMPLOYERwith the same patent protection that CONTRACTOR is requiredto provide under the provisions of this clause.44 Liens: 44.1 If, at any time there should be evidence or any lien or claim forwhich the EMPLOYER might have become liable and which ischargeable to the CONTRACTOR, the EMPLOYER shall havethe right to retain out of any payment then due or thereafter tobecome due an amount sufficient to completely indemnify theEMPLOYER against such lien or claim and if such lien or claimbe valid, the EMPLOYER may pay and discharge the same anddeduct the amount so paid from any money which may be ormay become due and payable to the CONTRACTOR. If any lienor claim remain unsettled after all payments are made, theCONTRACTOR shall refund or pay to the EMPLOYER all moneythat the latter may be compelled to pay in discharging such lienor claim including all costs and reasonable expenses.EMPLOYER reserves the right to do the same.44.2 The EMPLOYER shall have lien on all materials, equipmentsincluding those brought by the CONTRACTOR for the purpose oferection, testing and commissioning of the WORK.44.3 The final payment shall not become due until the CONTRACTORdelivers to the ENGINEER-IN-CHARGE a complete release orwaiver of all liens arising or which may arise out of his agreementor receipt in full or certification by the CONTRACTOR in a formapproved by ENGINEER-IN-CHARGE that all invoices for labour,materials, services have been paid in lien thereof and if requiredby the ENGINEER-IN-CHARGE in any case an affidavit that sofar as the CONTRACTOR has knowledge or information thereleases and receipts include all the labour and material for whicha lien could be filled.44.4 CONTRACTOR will indemnify and hold the EMPLOYERharmless, for a period of two years after the issue of FINALCERTIFICATE, from all liens and other encumbrances againstthe EMPLOYER on account of debts or claims alleged to be duefrom the CONTRACTOR or his SUB-CONTRACTOR to anyperson including SUB- CONTRACTOR and on behalf ofEMPLOYER will defend at his own expense, any claim orlitigation brought against the EMPLOYER or the CONTRACTORin connection therewith. CONTRACTOR shall defend or contestat his own expense any fresh claim or litigation by any personincluding his SUB-CONTRACTOR, till its satisfactory settlementeven after the expiry of two years from the date of issue of FINALCERTIFICATE.45 Delays by employer orhis authorised agents:45.1 In case the CONTRACTOR's performance is delayed due to anyact or omission on the part of the EMPLOYER or his authorisedagents, then the CONTRACTOR shall be given due extension oftime for the completion of the WORK, to the extent such omissionon the part of the EMPLOYER has caused delay in theCONTRACTOR's performance of his WORK.45.2 No adjustment in CONTRACT PRICE shall be allowed forreasons of such delays and extensions granted except asprovided in TENDER DOCUMENT, where the EMPLOYER