empanelment of drug testing laboratories - Kerala Medical Services ...

the instance of, the party claiming to be affected by such event and
which has caused the non – performance or delay in performance. Such
events may include, but are not restricted to, acts of the Corporation
either in its sovereign or contractual capacity, wars or revolutions,
hostility, acts of public enemy, civil commotion, sabotage, fires, floods,
explosions, epidemics, quarantine restrictions, strikes excluding by its
employees, lockouts excluding by its management, and freight
embargoes, Scarcity of reagents and power cut are considered as force
majeure.
5.31.2 If a Force Majeure situation arises, the successful offerer shall promptly
notify the Corporation in writing of such conditions and the cause thereof
within ten days of occurrence of such event. The time for completing the
reporting may be extended by the Corporation at its discretion for such
period as may be considered reasonable.
5.31.3 In case due to a Force Majeure event the Corporation is unable to fulfill
its contractual commitment and responsibility, the Corporation will notify
the successful offerer accordingly and subsequent actions taken on
similar lines described in above sub-paragraphs.
5.32 Resolution of disputes
5.32.1 If dispute or difference of any kind shall arise between the Corporation
and the successful offerer in connection with or relating to the contract,
the parties shall make every effort to resolve the same amicably by
mutual consultations.
5.32.2 If the parties fail to resolve their dispute or difference by such mutual
consultation within twenty-one days of its occurrence, then, unless
otherwise provided in the EOI document, either the Corporation or the
successful offerer may give notice to the other party of its intention to
commence arbitration, as provided the applicable arbitration procedure
will be as per the Arbitration and Conciliation Act, 1996 of India.
5.32.3 In the case of a dispute or difference arising between the Corporation
and a domestic Successful offerer relating to any matter arising out of or
connected with the contract, such dispute or difference shall be referred
to the sole arbitration of Secretary to Health, Govt. of Kerala whose
decision shall be final.
5.32.4 Venue of Arbitration: The venue of arbitration shall be the
place from where the contract has been issued, i.e.,
Thiruvananthapuram, India.
5.33 General / Miscellaneous Clauses
KMSCL: EOI for Empanelment of Drug testing Laboratories Page 29