REQUEST FOR PROPOSALS

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2.7 Force Majeure 2.7.1 Definition (a) (b) (c) For the purposes of this Contract, “Force Majeure” means an event which is beyond the reasonable control of a Party, and which makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by government agencies. Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such Party’s Sub Consultants or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected to both (A) take into account at the time of the conclusion of this Contract and (B) avoid or overcome in the carrying out of its obligations hereunder Force Majuere shall not include insufficiency of funds or failure to make any payment required hereunder. 2.7.2 No Breach of Contract The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of, or default under, this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this Contract. 2.7.3 Measures to be Taken (a) A party affected by an event of Force Majeure shall take all reasonable measures to remove such Party’s inability to fulfill its obligations hereunder with a minimum of delay. (b) A party affected by an event of Force Majeure shall notify the other Party of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible. (c) The Parties shall take all reasonable measures to minimize the consequences of any event of Force Majeure. 2.7.4 Extension of Time Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.
2.7.5 Payments During the period of their inability to perform the Services as a result of an event of Force Majeure, the Consultants shall be entitled to be reimbursed for additional costs reasonably and necessarily incurred by them during such period for the purposes of the Services and in reactivating the Services after the end of such period. 2.7.6 Consultation Not later than thirty (30) days after the Consultants, as the result of an event of Force Majeure, have become unable to perform a material portion of the Services, the Parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances. 2.8 Suspension The Client may, by written notice of suspension to the Consultants, suspend all payments to the Consultants hereunder if the Consultants fail to perform any of their obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such failure within a period not exceeding thirty (30) days after receipt by the Consultants of such notice of suspension. 2.9 Termination 2.9.1 By the Client The Client may, by not less than thirty (30) days’ written notice of termination to the Consultants (except in the event listed in paragraph (f) below, for which there shall be a written notice of not less than sixty (60) days), such notice to be given after the occurrence of any of the events specified in paragraphs (a) through (f) of this Clause2.9.1, terminate this Contract: (a) if the Consultants fail to remedy a failure in the performance of their obligations hereunder, as specified in a notice of suspension pursuant to Clause 2.8 hereinabove, within thirty (30) days of receipt of such notice of suspension or within such further period as the Client may have subsequently approved in writing; (b) if the Consultants become (or, if the Consultants consist of more than one entity, if any of their Members becomes) insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary; (c) if the Consultants fail to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause 8 hereof; (d) (e) if the Consultants submit to the Client a statement which has a material effect on the rights, obligations or interests of the Client and which the Consultants know to be false; if, as the result of Force Majeure, the Consultants are unable to perform a
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National Highways & Infrastructure
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National Highways & Infrastructure
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Letter of Invitation (LOI) Package
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1.8.3 In case of Joint Venture, one
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(vii) In case of a Joint Venture/As
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assignment on the project. After th
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4.2.2 Deleted 4.3 The proposal must
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negotiation at the cost of Consulta
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Encl. as above (Y.C. Srivastava) Ge
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Annex-II Procedure of Awarding Work
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Section - III To, Y C Srivastava, G
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(i) (ii) (iii) The Consultants and
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2. 3. Material testing, survey and
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key staff are as given below: (D) T
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12.3 Third stage - Evaluation of Fi
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implementation. Consultant should a
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Structures, river Bank training/Pro
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xi. historical data on classified t
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Road from/to other road routes incl
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three scenarios, namely, optimistic
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vi.. Collection of details for all
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i. terrain (flat, rolling, mountain
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ii. iii. The surveys shall be carri
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3. In respect of major bridges, his
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site to artesian conditions, seismi
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measures for improvement should be
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1. The embankments design should pr
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The Consultants shall design suitab
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environmental clearances from the r
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Resettlement, A Guide to Good pract
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1. It is envisaged that the project
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STAGE 1 2. The time schedule for va
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all items of works v. Civil Work Co
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The Environmental Impact Assessment
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The Final package-wise DPR consisti
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SUPPLEMENT I ADDITIONAL POINTS TO B
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maps, topographical maps, geologica
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SUPPLEMENT II S. Clause No. of Addi
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the audit team to check that no imp
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B3 : Junctions B4 : Non-Motorised r
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REQUEST FOR PROPOSALS

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