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

interests involved shall be determined by the
ENGINEER-IN-CHARGE to secure the completion of the
various portions of the work in general harmony.
43 Patents and royalties: 43.1 The CONTRACTOR, if licensed under any patent covering
equipment, machinery, materials or compositions of matter to be
used or supplied or methods and process to be practised or
employed in the performance of this CONTRACT, agrees to pay
all royalties and licence fees which may be due with respect
thereto. If any equipment, machinery, materials, composition of
matters, be used or supplied or methods and processes to be
practised or employed in the performance of this CONTRACT,is
covered by a patent under which the CONTRACTOR is not
licensed then the CONTRACTOR before supplying or using the
equipment, machinery materials, composition method or
processes shall obtain such licences and pay such royalties and
licence fees as may be necessary for performance of this
CONTRACT. In the event the CONTRACTOR fails to pay any
such royalty or obtain any such licence, any suit for infringement
of such patents which is brought against the CONTRACTOR or
the EMPLOYER as a result such failure will be defended by the
CONTRACTOR at his own expense and the CONTRACTOR will
pay any damages and costs awarded in such suit. The
CONTRACTOR shall promptly notify the EMPLOYER if the
CONTRACTOR has acquired the knowledge of any plant under
which a suit for infringement could be reasonably brought
because of the use by the EMPLOYER of any equipment,
machinery, materials, process, methods to be supplied
hereunder. The CONTRACTOR agrees to and does hereby
grant to EMPLOYER, together with the right to extend the same
to any of the subsidiaries of the EMPLOYER as irrevocable,
royalty free licence to use in any country, any invention made by
the CONTRACTOR or his employee in or as result of the
performance of the WORK under the CONTRACT.
43.2 All charges on account of royalty. toilage, rent, octroi terminal or
sales tax and/or other duties or any other levy on materials
obtained for the work or temporary work or part thereof
(excluding materials provided by the EMPLOYER) shall be borne
by the CONTRACTOR.
43.3 The CONTRACTOR shall not sell or otherwise dispose of or
remove except for the purpose of this CONTRACT, the sand,
stone, clay, ballast, earth, rock or other substances, or materials
obtained from any excavation made for the purpose of the
WORK or any building or produce upon the site at the time of
delivery of the possession thereof, but all such substances,
materials, buildings and produce shall be the property of the
EMPLOYER provided that the CONTRACTOR may with the
permission of the ENGINEER-IN-CHARGE, use the same for the
purpose of the work by payment of cost of the same at such a
rate as may be determined by the ENGINEER-IN- CHARGE.
43.4 The EMPLOYER shall indemnify and save harmless the
CONTRACTOR from any loss on account of claims against
CONTRACTOR for the contributory infringement of patent rights
arising out and based upon the claim that the use of the
EMPLOYER of the process included in the design prepared by
the EMPLOYER and used in the operation of the plant infringes
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