Procurement of amc(annual maintenance contract) for hvac ... - GAIL
Procurement of amc(annual maintenance contract) for hvac ... - GAIL
Procurement of amc(annual maintenance contract) for hvac ... - GAIL
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30 Contractor remains liable<br />
to pay compensation if<br />
action not taken under<br />
clause 29:<br />
his creditors, assigns the CONTRACT in favour <strong>of</strong> his creditors<br />
or any other person or persons, or being a company or a<br />
corporation goes into voluntary liquidation, provided that in the<br />
said events it shall not be necessary <strong>for</strong> the EMPLOYER to give<br />
any prior notice to the CONTRACTOR.<br />
29.5 Termination <strong>of</strong> the CONTRACT as provided <strong>for</strong> in sub- clause<br />
29.1(a) above shall not prejudice or affect their rights <strong>of</strong> the<br />
EMPLOYER which may have accrued upto the date <strong>of</strong> such<br />
termination.<br />
30.1 In any case in which any <strong>of</strong> the powers conferred upon the<br />
EMPLOYER BY CLAUSE 29.0 there<strong>of</strong> shall have become<br />
exercisable and the same had not been exercised, the<br />
non-exercise there<strong>of</strong> shall not constitute a waiver <strong>of</strong> any <strong>of</strong> the<br />
conditions here<strong>of</strong> and such powers shall notwithstanding be<br />
exercisable in .the event <strong>of</strong> any further case <strong>of</strong> default by the<br />
CONTRACTOR <strong>for</strong> which by any clause or clauses here<strong>of</strong> he is<br />
declared liable to pay compensation amounting to the whole <strong>of</strong><br />
his Contract Per<strong>for</strong>mance Security, and the liability <strong>of</strong> the<br />
CONTRACTOR <strong>for</strong> past and future compensation shall remain<br />
unaffected. In the event <strong>of</strong> the EMPLOYER putting in <strong>for</strong>ce the<br />
power under above sub-clause (a), (b) or (c) vested in him under<br />
the preceding clause he may, if he so desired, take possession <strong>of</strong><br />
all or any tools, and plants, materials and stores in or upon the<br />
works or the site there<strong>of</strong> belonging to the CONTRACTOR or<br />
procured by him and intended to be used <strong>for</strong> the execution <strong>of</strong> the<br />
WORK or any part there<strong>of</strong> paying or allowing <strong>for</strong> the same in<br />
account at the CONTRACT rates or in case <strong>of</strong> these not being<br />
applicable at current market rates to be certified by the<br />
ENGINEER-IN-CHARGE whose certificate there<strong>of</strong> shall be final,<br />
otherwise the ENGINEER-IN- CHARGE may give notice in<br />
writing to the CONTRACTOR or his clerk <strong>of</strong> the works, <strong>for</strong>eman<br />
or other authorised agent, requiring him to remove such tools,<br />
plant, materials or stores from the premises (within a time to be<br />
specified in such notice), and in the event <strong>of</strong> the CONTRACTOR<br />
failing to comply with any such requisition, the<br />
ENGINEER-IN-CHARGE may remove them at the<br />
CONTRACTOR's expense or sell them by auction or private sale<br />
on account <strong>of</strong> the CONTRACTOR and at his risk in all respects<br />
without any further notice as to the date, time or place <strong>of</strong> sale and<br />
the certificate <strong>of</strong> the ENGINEER-IN-CHARGE as to the expenses<br />
<strong>of</strong> any such removal and the amount <strong>of</strong> the proceeds and<br />
expenses <strong>of</strong> any such sale shall be final and conclusive against<br />
the CONTRACTOR.<br />
31 Change in constitution: 31.1 Where the CONTRACTOR is a partnership firm, the prior<br />
approval <strong>of</strong> the EMPLOYER shall be obtained in writing, be<strong>for</strong>e<br />
any change is made in the constitution <strong>of</strong> the firm. Where the<br />
CONTRACTOR is an individual or a Hindu undivided family<br />
business concern, such approval as a<strong>for</strong>esaid shall,likewise be<br />
obtained be<strong>for</strong>e such CONTRACTOR enters into any agreement<br />
with other parties, where under, the reconstituted firm would have<br />
the right to carry out the work hereby undertaken by the<br />
CONTRACTOR. In either case if prior approval as a<strong>for</strong>esaid is<br />
not obtained, the CONTRACT shall be deemed to have been<br />
allotted in contravention <strong>of</strong> clause 37 here<strong>of</strong> and the same action<br />
may be taken and the same consequence shall ensure as<br />
provided in the said clause.<br />
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