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GAIL (India) Limited MECON LIMITED

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issue of completioncertificate:Completion Certificate. Any damage or defect that may arise or lieundiscovered at the time of issue of Completion Certificate,connected in any way with the equipment or materials supplied byhim or in the workmanship, shall be rectified or replaced by theCONTRACTOR at his own expense as deemed necessary by theENGINEER-IN-CHARGE or in default, the ENGINEER-IN-CHARGE may carry out such works by other work and deductactual cost incurred towards labour, supervision and materialsconsumables or otherwise plus 100% towards overheads (of whichthe certificate of ENGINEER-IN-CHARGE shall be final) from anysums that may then be or at any time thereafter, become due to theCONTRACTOR or from his Contract Performance Security, or theproceeds of sale thereof or a sufficient part on thereof.80.2 If the CONTRACTOR feels that any variation in WORK or in qualityof materials or proportions would be beneficial or necessary to fulfilthe guarantees called for, he shall bring this to the notice of theENGINEER- IN-CHARGE in writing.If during the period of liability any portion of the WORK/equipment,is found defective and is rectified/ replaced, the period of liability forsuch equipment/ portion of WORK shall be operative from the datesuch rectification/ replacement are carried out and ContractPerformance Guarantee shall be furnished separately for theextended period of liability for that portion of WORK/ equipmentonly. Notwithstanding the above provisions the supplier's,guarantees/warantees for the replaced equipment shall also bepassed on to the EMPLOYER.80.3 LIMITATION OF LIABILITYNotwithstanding anything contrary contained herein, theaggregate total liability of CONTRACTOR under the Agreementor otherwise shall be limited to 100% of Agreement / ContractValue. However, neither party shall be liable to the other party forany indirect and consequential damages, loss of profits or loss ofproduction.81 Care of works: 81.0 From the commencement to completion of the WORK, theCONTRACTOR shall take full responsibility for the care for all worksincluding all temporary works and in case any damages, loss orinjury shall happen to the WORK or to any part thereof or to anytemporary works from any cause whatsoever, shall at his own costrepair and make good the same so that at completion the WORKshall be in good order and in conformity in every respects with therequirement of the CONTRACT and the ENGINEER-IN- CHARGE'sinstructions.81.1 DEFECTS PRIOR TO TAKING OVER:If at any time, before the WORK is taken over, theENGINEER-IN-CHARGE shall:a) Decide that any works done or materials used bythe CONTRACTOR or by any SUB-CONTRACTOR isdefective or not in accordance with the CONTRACT, or thatthe works or any portion thereof are defective, or do notfulfill the requirements of CONTRACT (all such mattersbeing hereinafter, called `Defects' in this clause), and

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