Damoh Batiagarh - Madhya Pradesh Road Development ...

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Request for Proposal (RFP) for Independent Engineer for Damoh Batiagarh Roadd) The Client shall make the payment of the Consultants‟ monthlystatements within thirty (30) days after the receipt by the Client ofsuch statements with supporting documents. Only such portion of amonthly statement that is not satisfactorily supported may bewithheld from payment. Should any discrepancy be found to existbetween actual payment and cost authorized to be incurred by theConsultants; the Client may add or subtract the difference from anysubsequent payments. The interest at 7% per year on local currencyshall become payable as from the above due date on any amount duebut not paid on such due date.e) The final payment under this Clause shall be made only after the finalreport and final statement identified as such shall have beensubmitted by the Consultants and approved as satisfactory by theClient. The services shall be deemed completed and finally acceptedby the Client and final report and final statement shall be deemedapproved by the Client as satisfactory, ninety (90) calendar days afterreceipt of the final report and final statement by the Client unless theClient within such ninety (90) days period gives written notice to theConsultants, specifying in detail, deficiencies in the services, the finalreport or final statement. The Consultants shall thereupon promptlymake any necessary corrections and upon completion of suchcorrections the foregoing process shall be repeated. Any amountwhich the Client has paid or caused to be paid in accordance with thisclause in excess of the amount actually payable in accordance withthe provisions of the Contract shall be reimbursed by the Consultantsto the Client within thirty (30) days after receipt by the Consultants ofnotice thereof. Any such claim by the Client for reimbursement mustbe made within twelve (12) calendar months after receipt by theClient of a final report and a final statement approved by the Client inaccordance with the above.f) Payments for remuneration made in accordance with Clause GC6:2(a) in foreign and/or local currency shall be adjusted as follows :Remuneration of employed personnel designated in foreign currency orIndian currency pursuant to the rates accepted shall be adjusted only onceafter 18 months from the date of commencement by increasing it by a factorof 5%.Notwithstanding any other provisions in the agreement in this regard, thisprovision will prevail and over ride any other provision to the contrary in thisagreement.__________________________________________________________________________MPRDC-Bhopal March, 2011 72
Request for Proposal (RFP) for Independent Engineer for Damoh Batiagarh Roadg) All payments under this contract shall be made to the followingaccounts of the Consultants:Current A/c No.Bank Address:7. FAIRNESS AND GOOD FAITH7.1 Good FaithThe Parties undertake to act in good faith in respect to each other‟s rightsunder this Contract and to adopt all reasonable measures to ensure therealization of the objectives of this Contract.7.2 Operation of the ContractThe Parties recognize that it is impractical in this Contract to provide forevery contingency which may arise during the life of the Contract and theParties hereby agree that it is their intention that this contract shall operatefairly as between them and without detriment to the interest of either of themand that if during the term of this Contract either Party believes that thisContract is operating unfairly, the Parties will use their best efforts to agreeon such action as may be necessary to remove the cause or causes of suchunfairness but on failure to agree on any action pursuant to this Clause shallhave the right of dispute subject to arbitration in accordance with Clause 8thereof.8.0 SETTLEMENT OF DISPUTES8.1 Amicable SettlementThe Parties shall use their best efforts to settle amicably all disputes arisingout of or in connection with this Contract or the interpretation thereof.8.2 Right to Arbitration and Rules of ProcedureAny dispute between the parties as to matters arising pursuant to thisContract which cannot be settled amicably within sixty (60) days afterreceipt by one Party of the other Party‟s request for such amicable settlementshall be referred to the adjudication of a Committee of three arbitrators. TheCommittee shall be composed of one Dispute Review Expert to benominated by the Client, one to be nominated by the Consultants and thethird, who will also act as the chairman of the committee but not as anumpire, who will be chosen jointly by the two arbitrators.Save as otherwise provided in the Contract, the arbitration shall be conductedin accordance with the provisions of the Arbitration and Conciliation Act1996 and any statutory modification or enactment thereof and shall be held atBhopal and at such time as the committee of arbitrators may determine. The__________________________________________________________________________MPRDC-Bhopal March, 2011 73
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Page 89 and 90: irreparable items of worm, cleaning
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Page 93 and 94: shall be cleared of regularly in or
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