Procurement of amc(annual maintenance contract) for hvac ... - GAIL

32 Termination of contract
33 Members of the employer
not individually liable :
34 Employer not bound by
personal
representations:
32(A) TERMINATION OF CONTRACT FOR DEATH:
If the CONTRACTOR is an individual or a proprietary concern
and the individual or the proprietor dies or if the CONTRACTOR
is a partnership concern and one of the partner dies then
unless, the EMPLOYER is satisfied that the legal representative
of the individual or the proprietory concern or the surviving
partners are capable of carrying out and completing
CONTRACT, he (the EMPLOYER)is entitled to cancel the
CONTRACT for the uncompleted part without being in any way
liable for any compensation payment to the estate of the
diseased CONTRACTOR and/or to the surviving partners of the
CONTRACTOR'S firm on account of the cancellation of
CONTRACT. The decision of the EMPLOYER in such
assessment shall be final and binding on the parties. In the
event of such cancellation, the EMPLOYER shall not hold the
estate of the diseased CONTRACTOR and/or the surviving
partners of the CONTRACTOR'S firm liable for any damages for
non-completion of CONTRACT.
32(B) TERMINATION OF CONTRACT IN CASE OF LIQUIDATION /
BANKRUPTCY ETC.
If the Contractor shall dissolve or become bankrupt or insolvent
or cause or suffer any receiver to be appointed of his business
of any assets thereof compound with his Creditors, or being a
corporation commence to be wound up, not being a member’s
voluntary winding up for the purpose of amalgamation or
reconstruction, or carry on its business under a Receiver for
the benefits of its Creditors any of them, EMPLOYER shall be
at liberty :-
To terminate the contract forthwith upon coming to know of the
happening of any such event as aforesaid by notice in writing to
the Contractor or to give the Receiver or liquidator or other
person, the option of carrying out the contract subject to his
providing a guarantee upto an amount to be agreed upon by
EMPLOYER for due and faithful performance of the contract.
32 (C) In case of termination of CONTRACT herein set forth (under
clause 29.0) except under conditions of Force Majeure and
termination after expiry of contract, the CONTRACTOR shall be
put under holiday [i.e. neither any enquiry will be issued to the
party by GAIL (India) Ltd. against any type of tender nor their
offer will be considered by GAIL against any ongoing tender (s)
where contract between GAIL and that particular
CONTRACTOR (as a bidder) has not been finalized] for three
years from the date of termination by GAIL (India) Ltd. to such
CONTRACTOR.
33.1 No Director, or official or employee of the EMPLOYER/
CONSULTANT shall in any way be personally bound or liable for
the acts or obligations of the EMPLOYER under the CONTRACT
or answerable for any default or omission in the observance or
performance of any of the acts, matters or things which are
herein contained.
34.1 The CONTRACTOR shall not be entitled to any increase on the
scheduled rates or any other right or claim whatsoever by reason
of any representation, explanation statement or alleged
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