GAIL (India) Limited MECON LIMITED

CONTRACT, or any part thereof, in this respect, or of the accurringof any claim by the CONTRACTOR, nor shall it conclude, determineor affect in any way the powers of the EMPLOYER under theseconditions or any of them as to the final settlement and adjustmentof the accounts or otherwise, or in any other way vary or affect theCONTRACT. The final bill shall be submitted by theCONTRACTOR within one month of the date of physical completionof the WORK, otherwise, the ENGINEER-IN-CHARGE's certificateof the measurement and of total amount payable for the WORKaccordingly shall be final and binding on all parties91 Notice of claims foradditional payments:91.1 Should the CONTRACTOR consider that he is entitled to any extrapayment for any extra/additional WORKS or MATERIAL change inoriginal SPECIFICATIONS carried out by him in respect of WORKhe shall forthwith give notice in writing to the ENGINEER-IN-CHARGE that he claims extra payment. Such notice shall be givento the ENGINEER-IN-CHARGE upon which CONTRACTOR basessuch claims and such notice shall contain full particulars of thenature of such claim with full details of amount claimed. Irrespectiveof any provision in the CONTRACT to the contrary, theCONTRACTOR must intimate his intention to lodge claim on theEMPLOYER within 10 (ten) days of the commencement ofhappening of the event and quantify the claim within 30 (thirty) days,failing which the CONTRACTOR will lose his right to claim anycompensation/reimbursement/damages etc. or refer the matter toarbitration. Failure on the part of CONTRACTOR to put forward anyclaim without the necessary particulars as above within the timeabove specified shall be an absolute waiver thereof. No omission byEMPLOYER to reject any such claim and no delay in dealingtherewith shall be waiver by EMPLOYER of any of this rights inrespect thereof.91.2 ENGINEER-IN-CHARGE shall review such claims within areasonably period of time and cause to discharge these in a mannerconsidered appropriate after due deliberations thereon. However,CONTRACTOR shall be obliged to carry on with the WORK duringthe period in which his claims are under consideration by theEMPLOYER, irrespective of the outcome of such claims, whereadditional payments for WORKS considered extra are justifiable inaccordance with the CONTRACT provisions, EMPLOYER shallarrange to release the same in the same manner as for normalWORK payments. Such of the extra works so admitted byEMPLOYER shall be governed by all the terms, conditions,stipulations and specifications as are applicable for theCONTRACT. The rates for extra works shall generally be the unitrates provided for in the CONTRACT. In the event unit rates forextra works so executed are not available as per CONTRACT,payments may either be released on day work basis for whichdaily/hourly rates for workmen and hourly rates for equipmentrental shall apply, or on the unit rate for WORK executed shall bederived by interpolation/ extrapolation of unit rates already existingin the CONTRACT. In all the matters pertaining to applicability ofrate and admittance of otherwise of an extra work claim ofCONTRACTOR the decision of ENGINEER-IN-CHARGE shall befinal and binding.92 Payment of contractor's bill: 92.1 No payment shall be made for works estimated to cost less thanRs.10,000/- till the whole of the work shall have been completed