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PART 3 CONTRACT - Pmueinrip-binamarga.com

PART 3 CONTRACT - Pmueinrip-binamarga.com

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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 be<strong>com</strong>esbankrupt or otherwise insolvent. In such event,termination will be without <strong>com</strong>pensation 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 be<strong>com</strong>es effective.The Goods that are <strong>com</strong>plete 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 <strong>com</strong>pleted and delivered at theContract terms and prices; and/orto cancel the remainder and pay to the Supplier anagreed amount for partially <strong>com</strong>pleted 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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