Damoh Batiagarh - Madhya Pradesh Road Development ...

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Request for Proposal (RFP) for Independent Engineer for Damoh Batiagarh Road2. COMMENCEMENT, COMPLETION, MODIFICATION ANDTERMINATION OF CONTRACT.2.1 Effectiveness of ContractThis Contract shall come into force and effect on the date (The “EffectiveDate”) of the Client‟s notice to the consultants instructing to begin carrying outthe services.2.2 Termination of Contract for Failure to Become EffectiveIf this Contract has not become effective within six (6) months of the datehereof, either Party may, by not less than four (4) weeks written notice to otherParty, declare this Contract to be null and void, and in the event of such adeclaration by either Party, neither Party shall have any claim against the otherParty with respect hereto.2.3 Commencement of ServicesThe consultants shall commence the services not later than on a date (startingDate) thirty 30 days after the Effective Date or on such date as the parties mayagree in writing.2.4 Expiration of ContractUnless terminated earlier pursuant to Clause 2.9 hereof, the Contract shallexpire when pursuant to the provision hereof, the services have beencompleted and payments of remuneration and reimbursable expenditure havebeen made.2.5 Entire AgreementThis contract contains all covenants, stipulations and provisions agreed by theParties. No agent or representative of either party has authority to make, andthe parties shall not be bound by or be liable for, any statement, representation,promise or agreement not set forth herein.2.6 ModificationsModifications of the terms and conditions of this Contract, including anymodification of the scope of the services, may only be made by writtenagreement between the Parties. Pursuant to Clause 7.2 hereof, however, eachparty shall give due consideration to any proposals for modifications made bythe other Party.__________________________________________________________________________MPRDC-Bhopal March, 2011 58
Request for Proposal (RFP) for Independent Engineer for Damoh Batiagarh Road2.7 Force Majeure2.7.1 Definitiona) For the purpose of this Contract, “Force Majeure” means an event whichis beyond the reasonable control of a Party, and which makes a Party‟sperformance of its obligations hereunder impossible or so impractical asreasonably to be considered impossible in the circumstances, andincludes, but is not limited to, war, riots, civil disorder, earthquake, fire,explosion, storm, flood or other adverse weather conditions, strikes,lockouts or other industrial action are within the power of the Partyinvoking Force Majeure to prevent, confiscation or any other action byGovernment Agencies.b) Force Majeure shall not include (i) any event which is caused by thenegligence or intended action of a Party or such Party‟s Sub Consultantsor agent or employees nor (ii) any event which a diligent Party couldreasonably have expected from either of the parties (A) take into accountat the time of the conclusion of this Contract, and (B) avoid or overcomein the carrying out of its obligations hereunder;c) Force Majeure shall not include insufficiency of funds or failure to makeany payment required hereunder.No Breach of ContractThe failure of the Party to fulfill any of its obligations hereunder shall not beconsidered to be a breach of, or default under this Contract in-so-far as suchinability arises from an event of Force Majeure, provided that the Partyaffected by such an event has taken all reasonable precautions, due care andreasonable alternative measures, all with the objective of carrying out theterms and conditions of the Contract.2.7.3 Measures to be takena) A party affected by an event of Force Majeure shall take all reasonablemeasures to remove such Party‟s inability to fulfill its obligationshereunder with a minimum of delay.b) A Party affected by an event of Force Majeure shall notify the other Partyof such event as soon as possible, and in any event not later than fourteen(14) days following the occurrence of such event, providing evidence ofthe nature and cause of such event, and shall similarly give notice of therestoration of normal conditions as soon as possible.c) The Parties shall take all reasonable measures to minimize theconsequences of any event of Force Majeure.__________________________________________________________________________MPRDC-Bhopal March, 2011 59
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