REQUEST FOR QUOTATION - GAIL (India)

General Conditions of Contract40 Other agencies at site: 40.1 The CONTRACTOR shall have to execute the WORK in suchplace and conditions where other agencies will also be engagedfor other works such as site grading, filling, and levelling,electrical and mechanical engineering works, etc. No claim shallbe entertained due to WORK being executed in the abovecircumstances.41 Notice: 41.1 TO THE CONTRACTOR:Any notice hereunder may be served on the CONTRACTOR orhis duly authorised representative at the job site or may beserved by registered mail direct to the address furnished by theCONTRACTOR. Proof of issue of any such notice could beconclusive of the CONTRACTOR having been duly informed ofall contents therein.41.2 TO THE EMPLOYER:Any notice to be given to the EMPLOYER under the terms of theCONTRACTOR shall be served by sending the same byRegistered mail to or delivering the same at the respective siteoffices of M/S. GAIL (INDIA) LTD. addressed to theHEAD/SITE-IN-CHARGE.42 Right of variousinterests:42.1 i) The EMPLOYER reserves the right to distribute the workbetween more than one agency(ies). TheCONTRACTOR shall cooperate and afford otheragency(ies) reasonable opportunity for access to theWORK for the carriage and storage of materials andexecution of their works.ii) Wherever the work being done by any department of theEMPLOYER or by other agency(ies) employed by theEMPLOYER is contingent upon WORK covered by thisCONTRACT, the respective rights of the variousinterests involved shall be determined by theENGINEER-IN-CHARGE to secure the completion of thevarious portions of the work in general harmony.43 Patents and royalties: 43.1 The CONTRACTOR, if licensed under any patent coveringequipment, machinery, materials or compositions of matter to beused or supplied or methods and process to be practised oremployed in the performance of this CONTRACT, agrees to payall royalties and licence fees which may be due with respectthereto. If any equipment, machinery, materials, composition ofmatters, be used or supplied or methods and processes to bepractised or employed in the performance of this CONTRACT,iscovered by a patent under which the CONTRACTOR is notlicensed then the CONTRACTOR before supplying or using theequipment, machinery materials, composition method orprocesses shall obtain such licences and pay such royalties andlicence fees as may be necessary for performance of thisCONTRACT. In the event the CONTRACTOR fails to pay anysuch royalty or obtain any such licence, any suit for infringementof such patents which is brought against the CONTRACTOR orthe EMPLOYER as a result such failure will be defended by theCONTRACTOR at his own expense and the CONTRACTOR willpay any damages and costs awarded in such suit. TheCONTRACTOR shall promptly notify the EMPLOYER if theCONTRACTOR has acquired the knowledge of any plant under28