Damoh Batiagarh - Madhya Pradesh Road Development ...

Request for Proposal (RFP) for Independent Engineer for Damoh Batiagarh RoadClause 2.8, hereinabove, within thirty (30) days of receipt of such noticeof suspension or within such further period as the Client may havesubsequently approved in writing;b) If the Consultants or if any of their members become insolvent or bankruptor enter into any agreement with their creditors for relief or debt or takeadvantage of any law for the benefit of debtors or go into liquidation orreceivership whether compulsory or voluntary;c) If the Consultants fail to comply with any final decision reached as a resultof arbitration proceedings pursuant to Clause 8 hereof;d) If the Consultants submit to the Client, a statement which has a materialeffect on the rights, obligations or interests of the Client andrepresentation or statement, made/submitted by the Consultants of anypart thereof is found to be false;e) If, as a result of Force Majeure, the Consultants are unable to perform amaterial portion of the services for a period of not less than sixty (60)days;f) If the Client, in its sole discretion and for any reason whatsoever, decidesto terminate this Contract;g) If the Consultants, in the judgment of the Client has engaged in corrupt orfraudulent practices in competing for or in execution the Contract.For the purpose of this Clause:Corrupt practice means the offering, giving, receiving or soliciting or anything ofvalue to influence the action of a public official in the selection process or incontract execution. “Fraudulent practice” means a misrepresentation of facts in orderto influence a selection process or the execution of a contract to the detriment of theClient, and includes collusive practice among Consultants (prior to or aftersubmission of proposals) designed to establish prices at artificial non-competitivelevels and to deprive the Borrower of the benefits of free and open completion.By the ConsultantsThe Consultants may, by not less than thirty (30) days written notice oftermination to the Client (except in the event listed in the paragraph (e)below for which there shall be written notice of not less than sixty (60)days), such notice to be given after the occurrence of any of the eventsspecified in paragraphs (a) through (e) of this Clause 2.9.2 terminate thisContract.__________________________________________________________________________MPRDC-Bhopal March, 2011 61