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View Tender Document - e-Tendering

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59Dy.Ex.Engr.charged establishment employed for getting unexecutedpart of the work completed and crediting him with the value ofthe work done departmentally in all respects in the samemanner and at the same rates as if it had been carried out bythe Contractor under the terms of his contract. The certificateof the Executive Engineer as to the costs and the other alliedexpenses so incurred and as to the value of the work sodone departmentally shall be final and conclusive againstthe Contractor.c) To order that the work of the Contractor be measured upand to take such part thereof as shall be unexecuted, out ofhis hands and to give it to another Contractor to complete, inwhich case all expenses incurred on advertisement for fixinga new contracting agency, additional supervisory staffincluding the cost of work-charged establishment and thecost of the work executed by the new contract agency will bedebited to the contractor and the value of he work done orexecuted through the new contractor shall be credited to thecontractor in all respects and in the same manner and at thesame rates as if it had been carried out by the Contractorunder the terms of his contract. The certificate of theExecutive of the Executive Engineer as to all the costs ofthe work and other expenses as aforesaid for or in getting theunexecuted work done by the new contractor and as to thevalue of the work so done shall be final and conclusiveagainst the Contractor.In case the contract shall be rescinded under clause ( a )above the Contractor shall not be entitled to recover or bepaid, any sum for any work therefore actually performed byhim under this contract unless and until the ExecutiveEngineer shall have certified in writing the performance ofsuch work and the amount payable to him in respect thereofand he shall only be entitled to be paid the amount socertified. In the event of either of the courses referred to inClause (b) or (c) being adopted and the cost of workexecuted departmentally or through a new contractor andother allied expenses exceeding the value of such workcredited to the Contractor, the amount of excess shall bededucted from money due to the Contractor, byGovernment under the contract or otherwise howsoever orfrom his security deposit or the sale proceeds thereofprovided , however that the Contractor shall have no claimagainst Government even if the certified value of the workdone departmentally or through a new contractor exceedsthe certified cost of such work and allied expenses, providedalways that whichever of the three courses mentioned inclauses (a), (b) or (c) is adopted by the Executive Engineer,the Contractor shall have no claim to compensation for anySignature of the Contractor No. of Corrections Executive Engineer

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