GAIL (India) Limited MECON LIMITED

eserves the right to seek indulgence of CONTRACTOR tomaintain the agreed Time Schedule of Completion.In such an event the CONTRACTOR shall be obliged for workingby CONTRACTOR's personnel for additional time beyondstipulated working hours as also Sundays and Holidays andachieve the completion date/interim targets.46 Payment if the contract isterminated:46.1 If the CONTRACT shall be terminated as per Tender pursuant toClause no. 29 of GCC, the CONTRACTOR shall be paid by theEMPLOYER in so far as such amounts or items shall not havealready been covered by payments of amounts made to theCONTRACTOR for the WORK executed and accepted byENGINEER-IN-CHARGE prior to the date of termination at therates and prices provided for in the CONTRACT and in additionto the following:a) The amount payable in respect of anypreliminary items, so far as the Work or servicecomprised therein has been carried out or performedand an appropriate portion as certified byENGINEER-IN- CHARGE of any such items or servicecomprised in which has been partially carried out orperformed.b) Any other expenses which the CONTRACTORhas expended for performing the WORK under theCONTRACT subject to being duly recommended byENGINEER-IN-CHARGE and approved by EMPLOYERfor payment, based on documentary evidence of hishaving incurred such expenses.46.2 The CONTRACTOR will be further required to transfer the titleand provide the following in the manner and as directed by theEMPLOYER.a) Any and all completed works.b) Such partially completed WORK includingdrawings, informations and CONTRACT rights as theCONTRACTOR has specially performed, produced oracquired for the performance of the CONTRACTOR.47 No waiver of rights: 47.1 Neither the inspection by the EMPLOYER or any of their officials,employees, or agents nor any order by the EMPLOYER forpayment of money or any payment for or acceptance of thewhole or any part of the Work by the EMPLOYER nor anyextension of time, nor any possession taken by EMPLOYERshall operate as a waiver of any provision of the CONTRACT, orof any power herein reserved to the EMPLOYER, or any right todamages herein provided, nor shall any waiver of any breach inthe CONTRACT be held to be a waiver of any other subsequentbreach.48 Certificate not to affectright of employer and48.1 No interim payment certificate(s) issued by the Engineer-in-Charge of the EMPLOYER, nor any sum paid on account by the