20.06.2016 Views

REQUEST FOR PROPOSALS

6i9th772k

6i9th772k

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

1.10 The Consultants and the personnel shall pay the taxes, duties, fees, levies and other<br />

impositions levied under the existing, amended or enacted laws (prevailing 7 days<br />

before the last date of submission of bids) during life of this contract and the Client<br />

shall perform such duties in regard to the deduction of such tax as may be lawfully<br />

imposed.<br />

2.1 The effectiveness conditions are the following:<br />

a) The contract has been approved by NHIDCL.<br />

b) The Consultant will furnish within 15 days of the issue of letter of acceptance, an<br />

unconditional Bank Guarantee from a Nationalised Bank, IDBI or ICICI/ICICI<br />

Bank/Foreign Bank/EXIM Bank / Any Scheduled Commercial Bank approved by RBI<br />

having a networth of not less than 500 crore as per latest Annual Report of the Bank. In<br />

the case of a Foreign Bank (issued by a Branch in India) the net worth in respect of<br />

Indian operations shall only be taken into account. In case of Foreign Bank, the BG<br />

issued by Foreign Bank should be counter guaranteed by any Nationalised Bank in<br />

India. In case of JV, the BG shall be furnished on behalf of the JV or lead partner of JV<br />

for an amount equivalent to 10%of the total contract value to be received by him<br />

towards Performance Security valid for a period of three years beyond the date of<br />

completion of services.<br />

2.2 The time period shall be “four months” or such other time period as the<br />

parties may agree in writing.<br />

2.3 The time period shall be “fifteen days” or such other time period as the Parties<br />

may agree in writing.<br />

2.4 The time period shall be ------ months or such other time period as the parties may<br />

agree in writing.<br />

3.4 Limitation of the Consultants’ Liability towards the Client<br />

(a) Except in case of negligence or willful misconduct on the part of the Consultants or on<br />

the part of any person or firm acting on behalf of the Consultants in carrying out the<br />

Services, the Consultants, with respect to damage caused by the Consultants to the<br />

Client’s property, shall not be liable to the Client:<br />

(i)<br />

(ii)<br />

for any indirect or consequential loss or damage; and<br />

for any direct loss or damage that exceeds (A) the total payments for Professional<br />

Fees and Reimbursable Expenditure made or expected to be made to the Consultants<br />

hereunder, or (B) the proceeds the Consultants may be entitled to receive from any<br />

insurance maintained by the Consultants to cover such a liability, whichever of (A) or<br />

(B) is higher.<br />

(b)<br />

This limitation of liability shall not affect the Consultants’ liability, if any, for damage

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!