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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
61Dy.Ex.Engr.Extension of timeClause 6 – If the Contractor shall desire an extension of thetime for completion of work on the ground of his having beenunavoidably hindered in its execution or on any othergrounds, he shall apply in writing to the Executive Engineerbefore the expiration of the period stipulated in the tender orbefore the expiration of 30 days from the date on which hewas hindered as aforesaid or on which the cause for askingfor extension occurred, whichever is earlier and theExecutive Engineer or in the opinion of SuperintendingEngineering or Chief Engineer as the case may be if in hisopinion, there were reasonable grounds for granting anextension, grant such extension as he thinks necessary orproper, the decision of the Executive Engineer in this mattershall be final.Final certificate.Payment onintermediatecertificate to beregarded asadvanceClause 7 – On the completion of the work the Contractorshall be furnished with a certificate by the ExecutiveEngineer ( hereinafter called the Engineer – in – charge ) ofsuch completion, but no such certificate shall be given norshall the work be considered to be completed until thecontractor shall have removed from the premises on whichthe work shall have been executed, all scaffolding, surplusmaterials and rubbish and shall have cleaned off, the dirtfrom all wood work, doors, windows, walls, floor or otherparts of any building in or upon which the work has beenexecuted, or of which he may have had possession for thepurpose of executing the work nor until the work shall havebeen measured by the Engineer – in – charge or where themeasurements have been taken by his subordinates untilthey have received approval from the Engineer-in-charge thesaid measurements being binding and conclusive againstthe Contractor. If the Contractor shall fail to Comply with therequirements of this clause as to the removal of scaffolding,surplus materials and rubbish and the cleaning of dirt on orbefore the date fixed for the completion of the work theEngineer-in-charge may at the expense of the Contractor,remove such scaffolding, surplus materials and rubbish anddispose off the same as the thinks fit and clean off such dirtas aforesaid and the Contractor shall forthwith pay theamount of all expenses so incurred, but shall have no claimin respect of any such scaffolding or surplus materials asaforesaid except for any sum actually realized by the salethereof.Clause 8 – No payment shall be made for any workestimated to cost less than Rupees One Thousand till afterthe whole of work shall have been completed and acertificate of completion given. But in the case of worksSignature of the Contractor No. of Corrections Executive Engineer
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61Dy.Ex.Engr.Extension of timeClause 6 – If the Contractor shall desire an extension of thetime for completion of work on the ground of his having beenunavoidably hindered in its execution or on any othergrounds, he shall apply in writing to the Executive Engineerbefore the expiration of the period stipulated in the tender orbefore the expiration of 30 days from the date on which hewas hindered as aforesaid or on which the cause for askingfor extension occurred, whichever is earlier and theExecutive Engineer or in the opinion of SuperintendingEngineering or Chief Engineer as the case may be if in hisopinion, there were reasonable grounds for granting anextension, grant such extension as he thinks necessary orproper, the decision of the Executive Engineer in this mattershall be final.Final certificate.Payment onintermediatecertificate to beregarded asadvanceClause 7 – On the completion of the work the Contractorshall be furnished with a certificate by the ExecutiveEngineer ( hereinafter called the Engineer – in – charge ) ofsuch completion, but no such certificate shall be given norshall the work be considered to be completed until thecontractor shall have removed from the premises on whichthe work shall have been executed, all scaffolding, surplusmaterials and rubbish and shall have cleaned off, the dirtfrom all wood work, doors, windows, walls, floor or otherparts of any building in or upon which the work has beenexecuted, or of which he may have had possession for thepurpose of executing the work nor until the work shall havebeen measured by the Engineer – in – charge or where themeasurements have been taken by his subordinates untilthey have received approval from the Engineer-in-charge thesaid measurements being binding and conclusive againstthe Contractor. If the Contractor shall fail to Comply with therequirements of this clause as to the removal of scaffolding,surplus materials and rubbish and the cleaning of dirt on orbefore the date fixed for the completion of the work theEngineer-in-charge may at the expense of the Contractor,remove such scaffolding, surplus materials and rubbish anddispose off the same as the thinks fit and clean off such dirtas aforesaid and the Contractor shall forthwith pay theamount of all expenses so incurred, but shall have no claimin respect of any such scaffolding or surplus materials asaforesaid except for any sum actually realized by the salethereof.Clause 8 – No payment shall be made for any workestimated to cost less than Rupees One Thousand till afterthe whole of work shall have been completed and acertificate of completion given. But in the case of worksSignature of the Contractor No. of Corrections Executive Engineer
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