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GAIL (India) Limited MECON LIMITED

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liability of contractor:EMPLOYER, nor any extension of time for execution of the workgranted by EMPLOYER shall affect or prejudice the rights of theEmployer against the CONTRACTOR or relieve theCONTRACTOR of his obligations for the due performance of theCONTRACT, or be interpreted as approval of the WORK done orof the equipment supplied and no certificate shall create liabilityfor the EMPLOYER to pay for alterations, amendments,variations or additional works not ordered, in writing, byEMPLOYER or discharge the liability of the CONTRACTOR forthe payment of damages whether due, ascertained, or certified ornot or any sum against the payment of which he is bound toindemnify the EMPLOYER.49 Language and measures: 49.1 All documents pertaining to the CONTRACT includingSpecifications, Schedules, Notices, Correspondence, operatingand maintenance Instructions, DRAWINGS, or any other writingshall be written in English language. The Metric System ofmeasurement shall be used in the CONTRACT unless otherwisespecified.50 Transfer of title: 50.1 The title of Ownership of supplies furnished by theCONTRACTOR shall not pass on to the EMPLOYER for allSupplies till the same are finally accepted by the EMPLOYERafter the successful completion of PERFORMANCE TEST andGUARANTEE TEST and issue of FINAL CERTIFICATE.50.2 However, the EMPLOYER shall have the lien on all such worksperformed as soon as any advance or progressive payment ismade by the EMPLOYER to the CONTRACTOR and theCONTRACTOR shall not subject these works for use other thanthose intended under this CONTRACT.51 Release of information: 51.1 The CONTRACTOR shall not communicate or use in advertising,publicity, sales releases or in any other medium, photographs, orother reproduction of the Work under this CONTRACT ordescription of the site dimensions, quantity , quality or otherinformation, concerning the Work unless prior written permissionhas been obtained from the EMPLOYER.52 Brand names: 52.1 The specific reference in the SPECIFICATIONS and documentsto any material by trade name, make or catalogue number shallbe construed as establishing standard or quality andperformance and not as limited competition. However,TENDERER may offer other similar equipments provided itmeets the specified standard design and performancerequirements.53 Completion of contract: 53.1 Unless otherwise terminated under the provisions of any otherrelevant clause, this CONTRACT shall be deemed to have beencompleted at the expiration of the PERIOD OF LIABILITY asprovided for under the CONTRACT.54 Spares: 54.1 The CONTRACTOR shall furnish to the EMPLOYER all sparesrequired for COMMISSIONING of the plants, recommendatoryand/or mandatory spares, which are required essential by themanufacturer/supplier. The same shall be delivered at SITE,3(Three) months before COMMISSIONING.Also the CONTRACTOR should furnish the manufacturing

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