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NATIONAL ALUMINIUM COMPANY LIMITED - Rites

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circumstances. In the event of stoppage of the works the period of the option under this clause<br />

shall be fourteen (14) days only, provided that should be above option be not exercised, the<br />

contract may be terminated by the purchaser by notice in writing and the same power and<br />

provisions reserved to the Purchaser in clause `Negligence’ in the event of taking the work out of<br />

the Contractor’s hands shall immediately become operative.<br />

47.00 GRAFTS AND COMMISSION ETC.<br />

Any graft, commission, gift or advantage given promised or offered by or on behalf of the<br />

Contractor or his partner, agent, officers, director, employee or servant or any one on his or their<br />

behalf in relation to the obtaining or to the execution of this or any other contract with purchaser,<br />

shall in addition to any criminal liability which it may incur, subject the contractor to the cancellation<br />

of this and other contracts and also to payment of any loss or damage to the purchaser resulting<br />

from any cancellation. The purchaser shall then be entitled to deduct the amounts so payable from<br />

any money otherwise due to the Contractor under the contract.<br />

48.00 COMPLETION OF CONTRACT<br />

Unless otherwise terminated under the provisions of any other relevant clause, this contract shall<br />

be deemed to have been completed all the expiration of the guarantee period as provided for under<br />

the clause entitled `Guarantee Period’ as provided for under the clause entitled `Guarantee’ and<br />

only on issue of a certificate to that effect and not otherwise.<br />

49.00 DEFENCE OF SUITS<br />

In any action in court is brought against the purchaser or Engineer or an officer or agent of the<br />

purchaser, for the failure or neglect on the part of the contractor to perform any acts, matters,<br />

convenants or things under the contract, or for damage or injury caused by the alleged omission or<br />

negligence on the part of the Contractor, his agents, representatives or his sub-contractors,<br />

workmen, suppliers, or employees, the Contractor shall in all such cases indemnify and keep the<br />

purchaser, and the Engineer and / or his representative harmless from all losses, damages,<br />

expenses or decrees arising of such action.<br />

50.00 ARBITRATION<br />

All disputes or differences arising under the contract whether during or after completion of the<br />

contractor or whether before or after determination, for closure or breach of the contract (other than<br />

those in respect of which the decision of any person is by the contract expressed to the final and<br />

binding) shall after written notice by either party to the contract to the other of them and to the<br />

Appointing Authority hereinafter mentioned be referred for adjudication to a sole Arbitrator to be<br />

appointed as hereinafter provided.<br />

Tender Documents Commercial (Indigenous) Page 51 of 56

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