GAIL (India) Limited MECON LIMITED

CONTRACTOR to perform any acts, matters, covenants or thingsunder the CONTRACT, or damage or injury caused by the allegedomission or negligence on the part of the CONTRACTOR, hisagents, representatives or his SUB- CONTRACTOR's, or inconnection with any claim based on lawful demands ofSUB-CONTRACTOR's workmen suppliers or employees, theCONTRACTOR, shall in such cases indemnify and keep theEMPLOYER and/or their representatives harmless from all losses,damages, expenses or decrees arising out of such action.86 Construction aids,equipments, tools & tackles:CONTRACTOR shall be solely responsible for makingavailable for executing the WORK, all requisite CONSTRUCTIONEQUIPMENTS, Special Aids, Barges, Cranes and the like, all Tools,Tackles and Testing Equipment and Appliances, including importsof such equipment etc. as required. In case of import of the samethe rates applicable for levying of Custom Duty on such Equipment,Tools, & Tackles and the duty drawback applicable thereon shall beascertained by the CONTRACTOR from the concerned authoritiesof Government of India. It shall be clearly understood thatEMPLOYER shall not in any way be responsible for arranging toobtain Custom Clearance and/or payment of any duties and/or dutydraw backs etc. for such equipments so imported by theCONTRACTOR and the CONTRACTOR shall be fully responsiblefor all taxes, duties and documentation with regard to the same.Tenderer in his own interest may contact, for any clarifications in thematter, concerned agencies/Dept./Ministries of Govt. of India. Allclarifications so obtained and interpretations thereof shall be solelythe responsibility of the CONTRACTOR.SECTION-VICertificates and Payments87 Schedule of rates andpayments:87.1 i) CONTRACTOR'S REMUNERATION:The price to be paid by the EMPLOYER to CONTRACTORfor the whole of the WORK to be done and for theperformance of all the obligations undertaken by theCONTRACTOR under the CONTRACT DOCUMENTSshall be ascertained by the application of the respectiveSchedule of Rates (the inclusive nature of which is moreparticularly defined by way of application but not oflimitation, with the succeeding sub-clause of this clause)and payment to be made accordingly for the WORKactually executed and approved by the ENGINEER-IN-CHARGE. The sum so ascertained shall (exceptingonly as and to the extent expressly provided herein)constitute the sole and inclusive remuneration of theCONTRACTOR under the CONTRACT and no further orother payment whatsoever shall be or become due orpayable to the CONTRACTOR under the CONTRACT.ii)SCHEDULE OF RATES TO BE INCLUSIVE:The prices/rates quoted by the CONTRACTOR shallremain firm till the issue of FINAL CERTIFICATE and shallnot be subject to escalation. Schedule of Rates shall bedeemed to include and cover all costs, expenses andliabilities of every description and all risks of every kind tobe taken in executing, completing and handing over the