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60Dy.Ex.Engr.loss sustained by reason of his having purchased, orprocured any materials, or entered into any engagements ormade any advances on account of, or with a view to theexecution of the work or the performance of the contract.Action when theprogress of anyparticular portion ofthe work isunsatisfactory.Contractor remainsliable to paycompensation ifaction not takenunder Clauses 3 & 4Power to takepossession of orrequire removal ofor sale contractor’splant.Clause 4- If the progress of any particular portion of thework is unsatisfactory, the Executive Engineer shallnotwithstanding that the general progress of the work is inaccordance with the conditions mentioned in clause 2, beentitled to take action under clause 3(b) after given theContractor 10 days notice in writing. The contractor willhave no claim for compensation, for any loss sustained byhim owing to such action.Clause 5 – In any case in which any of the powers conferredupon the Executive Engineer by clause 3 and 4 hereof shallhave become exercisable and the same shall not beenexercised, the non-exercise thereof shall not constitute awaiver of any of the conditions hereof and such powers shallnotwithstanding be excisable in the event of any future caseof default by the Contractor for which under any clauseshereof he is declared liable to pay compensation amountingto the whole of his security deposit and liability of theContractor for past and future compensation shall remainunaffected. In the event of the Executive Engineer takingaction under sub-clause (a) or (c) of clause 3, he may, if heso desires, take possession of all or any tools and plants,material and stores , in or upon the work or the site thereof orbelonging to the Contractor or procured by him and intendedto be used for the execution of the work or any part thereof,paying or allowing for the same in account at the contractrates, or in the case of contract rates being applicable atcurrent market rates, to be certified by the ExecutiveEngineer whose certificate thereof shall be final. In thealternative, the Executive Engineer may after giving notice inwriting to the Contractor or his clerk of the work, foreman orother authorized agent require him to remove such tools andplants material or stores, from the premises within a time tobe specified in such notice, and in the event of the Contractorfailing to comply with any such requisition, the ExecutiveEngineer may remove them at the Contractor’s expense orsale them by auction or private sale on account of theContractor and his risk in all respects, and the certificate ofthe Executive Engineer as to the expense of any suchremoval and the amount of the proceeds and expense of anysuch sale shall be final and conclusive against theContractor.Signature of the Contractor No. of Corrections Executive Engineer