GAIL (India) Limited MECON LIMITED

) As soon as reasonably practicable, gives to theCONTRACTOR notice in writing of the said decision,specifying particulars of the defects alleged to exist or tohave occurred, then the CONTRACTOR shall at his ownexpenses and with all speed make good the defects sospecified.In case CONTRACTOR shall fail to do so, the EMPLOYER maytake, at the cost of the CONTRACTOR, such steps as may in allcircumstances, be reasonable to make good such defects. Theexpenditure so incurred by the EMPLOYER will be recovered fromthe amount due to the CONTRACTOR. The decision of theENGINEER-IN-CHARGE with regard to the amount to be recoveredfrom the CONTRACTOR will be final and binding on theCONTRACTOR. As soon as the WORK has been completed inaccordance with the CONTRACT (except in minor respects that donot affect their use for the purpose for which they are intended andexcept for maintenance there of provided in clause 80.1 of GeneralConditions of Contract) and have passed the tests on completion,the ENGINEER-IN-CHARGE shall issue a certificate (hereinaftercalled Completion Certificate) in which he shall certify the date onwhich the WORK have been so completed and have passed thesaid tests and the EMPLOYER shall be deemed to have taken overthe WORK on the date so certified. If the WORK has been dividedinto various groups in the CONTRACT, the EMPLOYER shall beentitled to take over any group or groups before the other or othersand there upon the ENGINEER-IN-CHARGE shall issue aCompletion Certificate which will, however, be for such group orgroups so taken over only. In such an event if the group /section/part so taken over is related, to the integrated system of the work,not withstanding date of grant of Completion Certificate for group/section/ part. The period of liability in respect of such group/section/ part shall extend 12 (twelve) months from the date ofcompletion of WORK.81.2 DEFECTS AFTER TAKING OVER:In order that the CONTRACTOR could obtain a COMPLETIONCERTIFICATE he shall make good, with all possible speed, anydefect arising from the defective materials supplied by theCONTRACTOR or workmanship or any act or omission of theCONTRACT or that may have been noticed or developed, after theworks or groups of the works has been taken over, the periodallowed for carrying out such WORK will be normally one month. Ifany defect be not remedied within a reasonable time, theEMPLOYER may proceed to do the WORK at CONTRACTOR'srisk and expense and deduct from the final bill such amount as maybe decided by the EMPLOYER.If by reason of any default on the part of the CONTRACTOR aCOMPLETION CERTIFICATE has not been issued in respect ofany portion of the WORK within one month after the date fixed bythe CONTRACT for the completion of the WORK, the EMPLOYERshall be at liberty to use the WORK or any portion thereof in respectof which a completion certificate has not been issued, provided thatthe WORK or the portion thereof so used as aforesaid shall beafforded reasonable opportunity for completing these works for theissue of Completion Certificate.