PART 3 CONTRACT - Pmueinrip-binamarga.com
PART 3 CONTRACT - Pmueinrip-binamarga.com PART 3 CONTRACT - Pmueinrip-binamarga.com
Bidding Documents for ESB-02Part 3 – ContractSection VII. General Conditions of Contractchange order.33.3 Prices to be charged by the Supplier for any Related Servicesthat might be needed but which were not included in theContract shall be agreed upon in advance by the parties andshall not exceed the prevailing rates charged to other parties bythe Supplier for similar services.33.4 Subject to the above, no variation in or modification of theterms of the Contract shall be made except by writtenamendment signed by the parties.Extensions of Time34.1 If at any time during performance of the Contract, the Supplieror its subcontractors should encounter conditions impedingtimely delivery of the Goods or completion of Related Servicespursuant to GCC Clause 13, the Supplier shall promptly notifythe Purchaser in writing of the delay, its likely duration, and itscause. As soon as practicable after receipt of the Supplier’snotice, the Purchaser shall evaluate the situation and may at itsdiscretion extend the Supplier’s time for performance, in whichcase the extension shall be ratified by the parties byamendment of the Contract.34.2 Except in case of Force Majeure, as provided under GCCClause 32, a delay by the Supplier in the performance of itsDelivery and Completion obligations shall render the Supplierliable to the imposition of liquidated damages pursuant to GCCClause 26, unless an extension of time is agreed upon, pursuantto GCC Sub-Clause 34.1.Termination35.1 Termination for Default(a)The Purchaser, without prejudice to any other remedy forbreach of Contract, by written notice of default sent tothe Supplier, may terminate the Contract in whole or inpart:(i)if the Supplier fails to deliver any or all of theGoods within the period specified in the Contract,or within any extension thereof granted by thePurchaser pursuant to GCC Clause 34;(ii) if the Supplier fails to perform any other obligationunder the Contract; or(iii) if the Supplier, in the judgment of the Purchaser hasengaged in fraud and corruption, as defined in GCCClause 3, in competing for or in executing the3-16
Bidding Documents for ESB-02Part 3 – ContractSection VII. General Conditions of ContractContract.(b)In the event the Purchaser terminates the Contract inwhole or in part, pursuant to GCC Clause 35.1(a), thePurchaser may procure, upon such terms and in suchmanner as it deems appropriate, Goods or RelatedServices similar to those undelivered or not performed,and the Supplier shall be liable to the Purchaser for anyadditional costs for such similar Goods or RelatedServices. However, the Supplier shall continueperformance of the Contract to the extent not terminated.35.2 Termination for Insolvency.(a)The Purchaser may at any time terminate the Contract bygiving notice to the Supplier if the Supplier becomesbankrupt or otherwise insolvent. In such event,termination will be without compensation to the Supplier,provided that such termination will not prejudice or affectany right of action or remedy that has accrued or willaccrue thereafter to the Purchaser35.3 Termination for Convenience.(a)(b)The Purchaser, by notice sent to the Supplier, mayterminate the Contract, in whole or in part, at any timefor its convenience. The notice of termination shallspecify that termination is for the Purchaser’sconvenience, the extent to which performance of theSupplier under the Contract is terminated, and the dateupon which such termination becomes effective.The Goods that are complete and ready for shipmentwithin twenty-eight (28) days after the Supplier’s receiptof notice of termination shall be accepted by thePurchaser at the Contract terms and prices. For theremaining Goods, the Purchaser may elect:(i)(ii)to have any portion completed and delivered at theContract terms and prices; and/orto cancel the remainder and pay to the Supplier anagreed amount for partially completed Goods andRelated Services and for materials and partspreviously procured by the Supplier.Assignment36.1 Neither the Purchaser nor the Supplier shall assign, in whole orin part, their obligations under this Contract, except with prior3-17
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Bidding Documents for ESB-02Part 3 – ContractSection VII. General Conditions of Contractchange order.33.3 Prices to be charged by the Supplier for any Related Servicesthat might be needed but which were not included in theContract shall be agreed upon in advance by the parties andshall not exceed the prevailing rates charged to other parties bythe Supplier for similar services.33.4 Subject to the above, no variation in or modification of theterms of the Contract shall be made except by writtenamendment signed by the parties.Extensions of Time34.1 If at any time during performance of the Contract, the Supplieror its subcontractors should encounter conditions impedingtimely delivery of the Goods or <strong>com</strong>pletion of Related Servicespursuant to GCC Clause 13, the Supplier shall promptly notifythe Purchaser in writing of the delay, its likely duration, and itscause. As soon as practicable after receipt of the Supplier’snotice, the Purchaser shall evaluate the situation and may at itsdiscretion extend the Supplier’s time for performance, in whichcase the extension shall be ratified by the parties byamendment of the Contract.34.2 Except in case of Force Majeure, as provided under GCCClause 32, a delay by the Supplier in the performance of itsDelivery and Completion obligations shall render the Supplierliable to the imposition of liquidated damages pursuant to GCCClause 26, unless an extension of time is agreed upon, pursuantto GCC Sub-Clause 34.1.Termination35.1 Termination for Default(a)The Purchaser, without prejudice to any other remedy forbreach of Contract, by written notice of default sent tothe Supplier, may terminate the Contract in whole or inpart:(i)if the Supplier fails to deliver any or all of theGoods within the period specified in the Contract,or within any extension thereof granted by thePurchaser pursuant to GCC Clause 34;(ii) if the Supplier fails to perform any other obligationunder the Contract; or(iii) if the Supplier, in the judgment of the Purchaser hasengaged in fraud and corruption, as defined in GCCClause 3, in <strong>com</strong>peting for or in executing the3-16
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