GAIL (India) Limited MECON LIMITED

82 Guarantee/transfer ofguarantee:83 Training of employer'spersonnel:84 Replacement of defectiveparts and materials:82.1 For works like water-proofing, acid and alkali resisting materials,pre-construction soil treatment against termite or any otherspecialized works etc. the CONTRACTOR shall invariably engageSUB-CONTRACTORS who are specialists in the field and firms ofrepute and such a SUB-CONTRACTOR shall furnish guaranteesfor their workmanship to the EMPLOYER, through theCONTRACTOR. In case such a SUB-CONTRACTOR/ firm is notprepared to furnish a guarantee to the EMPLOYER, theCONTRACTOR shall give that guarantee to the EMPLOYERdirectly.83.1 The CONTRACTOR undertakes to provide training to Engineeringpersonnel selected and sent by the EMPLOYER at the works of theCONTRACTOR without any cost to the EMPLOYER. The periodand the nature of training for the individual personnel shall beagreed upon mutually between the CONTRACTOR and theEMPLOYER. These engineering personnel shall be given specialtraining at the shops, where the equipment will be manufacturedand/ or in their collaborator's works and where possible, in any otherplant where equipment manufactured by the CONTRACTOR or hiscollaborators is under installation or test to enable those personnelto become familiar with the equipment being furnished by theCONTRACTOR. EMPLOYER shall bear only the to and fro fare ofthe said engineering personnel.84.1 If during the progress of the WORK, EMPLOYER shall decide andinform in writing to the CONTRACTOR, that the CONTRACTORhas manufactured any plant or part of the plant unsound orimperfect or has furnished plant inferior to the quality specified, theCONTRACTOR on receiving details of such defects or deficienciesshall at his own expenses within 7 (seven) days of his receiving thenotice, or otherwise within such time as may be reasonablynecessary for making it good, proceed to alter, re-construct orremove such work and furnish fresh equipments upto the standardsof the specifications. In case the CONTRACTOR fails to do so,EMPLOYER may on giving the CONTRACTOR 7 (seven) day'snotice in writing of his intentions to do so, proceed to remove theportion of the WORK so complained of and at the cost ofCONTRACTOR's, perform all such works or furnish all suchequipments provided that nothing in the clause shall be deemed todeprive the EMPLOYER of or affect any rights under theCONTRACT, the EMPLOYER may otherwise have in respect ofsuch defects and deficiencies.84.2 The CONTRACTOR's full and extreme liability under this clauseshall be satisfied by the payments to the EMPLOYER of the extracost, of such replacements procured including erection/installationas provided for in the CONTRACT; such extra cost being theascertained difference between the price paid by the EMPLOYERfor such replacements and the CONTRACT price portion for suchdefective plants and repayments of any sum paid by theEMPLOYER to the CONTRACTOR in respect of such defectiveplant. Should the EMPLOYER not so replace the defective plantthe CONTRACTOR's extreme liability under this clause shall belimited to the repayment of all such sums paid by the EMPLOYERunder the CONTRACT for such defective plant.85 Indemnity 85.1 If any action is brought before a Court, Tribunal or any otherAuthority against the Employer or an officer or agent of theEMPLOYER, for the failure, omission or neglect on the part of the