11.07.2015 Views

REQUEST FOR QUOTATION - GAIL (India)

REQUEST FOR QUOTATION - GAIL (India)

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General Conditions of Contractb) WITHOUT DETERMINING THE CONTRACT to take overthe work of the CONTRACTOR or any part thereof and completethe same through a fresh contractor or by other means at the riskand cost of the CONTRACTOR. The CONTRACTOR and anyof his sureties are liable to the EMPLOYER for any excess costover and above the cost at the rates specified in the Schedule ofQuantities/ rates, occasioned by such works having been takenover and completed by the EMPLOYER.29.2 In such events of Clause 29.1(a) or (b) above.a) The whole or part of the Contract Performance Securityfurnished by the CONTRACTOR is liable to be forfeited withoutprejudice to the right of the EMPLOYER to recover from theCONTRACTOR the excess cost referred to in the sub-clauseaforesaid, the EMPLOYER shall also have the right of takingpossession and utilising in completing the works or any partthereof, such as materials equipment and plants available atwork site belonging to the CONTRACTOR as may be necessaryand the CONTRACTOR shall not be entitled for anycompensation for use or damage to such materials, equipmentand plant.b) The amount that may have become due to theCONTRACTOR on account of work already executed by himshall not be payable to him until after the expiry of Six (6)calendar months reckoned from the date of termination ofCONTRACT or from the taking over of the WORK or part thereofby the EMPLOYER as the case may be, during which period theresponsibility for faulty materials or workmanship in respect ofsuch work shall, under the CONTRACT, rest exclusively with theCONTRACTOR. This amount shall be subject to deduction ofany amounts due from the CONTRACT to the EMPLOYERunder the terms of the CONTRACT authorised or required to bereserved or retained by the EMPLOYER.29.3 Before determining the CONTRACT as per Clause 29.1(a) or (b)provided in the judgement of the EMPLOYER, the default ordefaults committed by the CONTRACTOR is/are curable and canbe cured by the CONTRACTOR if an opportunity given to him,then the EMPLOYER may issue Notice in writing calling theCONTRACTOR to cure the default within such time specified inthe Notice.29.4 The EMPLOYER shall also have the right to proceed or takeaction as per 29.1(a) or (b) above, in the event that theCONTRACTOR becomes bankrupt, insolvent, compounds withhis creditors, assigns the CONTRACT in favour of his creditorsor any other person or persons, or being a company or acorporation goes into voluntary liquidation, provided that in thesaid events it shall not be necessary for the EMPLOYER to giveany prior notice to the CONTRACTOR.29.5 Termination of the CONTRACT as provided for in sub- clause29.1(a) above shall not prejudice or affect their rights of theEMPLOYER which may have accrued upto the date of suchtermination.30 Contractor remains liableto pay compensation if30.1 In any case in which any of the powers conferred upon theEMPLOYER BY CLAUSE 29.0 thereof shall have become21

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