PART 3 CONTRACT - Pmueinrip-binamarga.com

Bidding Documents for ESB-02Part 3 – ContractSection VII. General Conditions of Contract15.Force Majeure32.1 The Supplier shall not be liable for forfeiture of itsPerformance Security, liquidated damages, or termination fordefault if and to the extent that its delay in performance orother failure to perform its obligations under the Contract is theresult of an event of Force Majeure.32.2 For purposes of this Clause, “Force Majeure” means an eventor situation beyond the control of the Supplier that is notforeseeable, is unavoidable, and its origin is not due tonegligence or lack of care on the part of the Supplier. Suchevents may include, but not be limited to, acts of the Purchaserin its sovereign capacity, wars or revolutions, fires, floods,epidemics, quarantine restrictions, and freight embargoes.32.3 If a Force Majeure situation arises, the Supplier shall promptlynotify the Purchaser in writing of such condition and the causethereof. Unless otherwise directed by the Purchaser in writing,the Supplier shall continue to perform its obligations under theContract as far as is reasonably practical, and shall seek allreasonable alternative means for performance not prevented bythe Force Majeure event.Change Orders andContractAmendments33.1 The Purchaser may at any time order the Supplier throughnotice in accordance GCC Clause 8, to make changes withinthe general scope of the Contract in any one or more of thefollowing:(a)(b)(c)(d)drawings, designs, or specifications, where Goods to befurnished under the Contract are to be specificallymanufactured for the Purchaser;the method of shipment or packing;the place of delivery; andthe Related Services to be provided by the Supplier.33.2 If any such change causes an increase or decrease in the costof, or the time required for, the Supplier’s performance of anyprovisions under the Contract, an equitable adjustment shall bemade in the Contract Price or in the Delivery/CompletionSchedule, or both, and the Contract shall accordingly beamended. Any claims by the Supplier for adjustment underthis Clause must be asserted within twenty-eight (28) daysfrom the date of the Supplier’s receipt of the Purchaser’s3-15