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

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expeditious execution <strong>of</strong> the Contract in all respects as if<br />

such sub-letting or Sub<strong>contract</strong>ing had not taken place,<br />

and as if such work had been done directly by the<br />

CONTRACTOR. The CONTRACTOR shall bear all<br />

responsibility <strong>for</strong> any act or omission on the part <strong>of</strong> sub<strong>contract</strong>ors<br />

in regard to work to be per<strong>for</strong>med under the<br />

CONTRACT.<br />

iv) EMPLOYER MAY TERMINATE SUB-CONTRACTS:<br />

If any SUB-CONTRACTOR engaged upon the works at<br />

the site executes any works which in the opinion <strong>of</strong> the<br />

ENGINEER-IN-CHARGE is not in accordance with the<br />

CONTRACT documents, the EMPLOYER may by<br />

written notice to the CONTRACTOR request him to<br />

terminate such sub<strong>contract</strong> and the CONTRACTOR<br />

upon the receipt <strong>of</strong> such notice shall terminate such<br />

Sub<strong>contract</strong> and dismiss the SUB-CONTRACTOR(S)<br />

and the later shall <strong>for</strong>thwith leave the works, failing which<br />

the EMPLOYER shall have the right to remove such<br />

SUB- CONTRACTOR(S) from the site.<br />

v) NO REMEDY FOR ACTION TAKEN UNDER THIS<br />

CLAUSE:<br />

No action taken by the EMPLOYER under the clause<br />

shall relieve the CONTRACTOR <strong>of</strong> any <strong>of</strong> his liabilities<br />

under the CONTRACT or give rise to any right or<br />

compensation, extension <strong>of</strong> time or otherwise failing<br />

which the EMPLOYER shall have the right to remove<br />

such SUB-CONTRACTOR(S) from the site.<br />

38 Power <strong>of</strong> entry: 38.1 If the CONTRACTOR shall not commence the WORK in the<br />

manner previously described in the CONTRACT documents or if<br />

he shall at any time in the opinion <strong>of</strong> the<br />

ENGINEER-IN-CHARGE.<br />

i) fail to carry out the WORK in con<strong>for</strong>mity with the<br />

CONTRACT documents, or<br />

ii) fail to carry out the WORK in accordance with<br />

the Time Schedule, or<br />

iii) substantially suspend work or the WORK <strong>for</strong> a<br />

period <strong>of</strong> fourteen days without authority from<br />

the ENGINEER-IN-CHARGE, or<br />

iv) fail to carry out and execute the WORK to the<br />

satisfaction <strong>of</strong> the ENGINEER-IN-CHARGE, or<br />

v) fail to supply sufficient or suitable construction<br />

plant, temporary works, labour, materials or<br />

things, or<br />

vi) Commit, suffer, or permit any other breach <strong>of</strong><br />

any <strong>of</strong> the provisions <strong>of</strong> the CONTRACT on his<br />

part to be per<strong>for</strong>med or observed or persist in<br />

any <strong>of</strong> the above mentioned breaches <strong>of</strong> the<br />

Page 80 <strong>of</strong> 158

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