REQUEST FOR PROPOSALS
6i9th772k
6i9th772k
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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