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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on any patent right. With respect to any sub<strong>contract</strong> entered into<br />
by CONTRACTOR pursuant to the provisions <strong>of</strong> the relevant<br />
clause here<strong>of</strong>, the CONTRACTOR shall obtain from the<br />
SUB-CONTRACTOR an undertaking to provide the EMPLOYER<br />
with the same patent protection that CONTRACTOR is required<br />
to provide under the provisions <strong>of</strong> this clause.<br />
44 Liens: 44.1 If, at any time there should be evidence or any lien or claim <strong>for</strong><br />
which the EMPLOYER might have become liable and which is<br />
chargeable to the CONTRACTOR, the EMPLOYER shall have<br />
the right to retain out <strong>of</strong> any payment then due or thereafter to<br />
become due an amount sufficient to completely indemnify the<br />
EMPLOYER against such lien or claim and if such lien or claim<br />
be valid, the EMPLOYER may pay and discharge the same and<br />
deduct the amount so paid from any money which may be or<br />
may become due and payable to the CONTRACTOR. If any lien<br />
or claim remain unsettled after all payments are made, the<br />
CONTRACTOR shall refund or pay to the EMPLOYER all money<br />
that the latter may be compelled to pay in discharging such lien<br />
or claim including all costs and reasonable expenses.<br />
EMPLOYER reserves the right to do the same.<br />
45 Delays by employer or<br />
his authorised agents:<br />
44.2 The EMPLOYER shall have lien on all materials, equipments<br />
including those brought by the CONTRACTOR <strong>for</strong> the purpose <strong>of</strong><br />
erection, testing and commissioning <strong>of</strong> the WORK.<br />
44.3 The final payment shall not become due until the CONTRACTOR<br />
delivers to the ENGINEER-IN-CHARGE a complete release or<br />
waiver <strong>of</strong> all liens arising or which may arise out <strong>of</strong> his agreement<br />
or receipt in full or certification by the CONTRACTOR in a <strong>for</strong>m<br />
approved by ENGINEER-IN-CHARGE that all invoices <strong>for</strong> labour,<br />
materials, services have been paid in lien there<strong>of</strong> and if required<br />
by the ENGINEER-IN-CHARGE in any case an affidavit that so<br />
far as the CONTRACTOR has knowledge or in<strong>for</strong>mation the<br />
releases and receipts include all the labour and material <strong>for</strong> which<br />
a lien could be filled.<br />
44.4 CONTRACTOR will indemnify and hold the EMPLOYER<br />
harmless, <strong>for</strong> a period <strong>of</strong> two years after the issue <strong>of</strong> FINAL<br />
CERTIFICATE, from all liens and other encumbrances against<br />
the EMPLOYER on account <strong>of</strong> debts or claims alleged to be due<br />
from the CONTRACTOR or his SUB-CONTRACTOR to any<br />
person including SUB- CONTRACTOR and on behalf <strong>of</strong><br />
EMPLOYER will defend at his own expense, any claim or<br />
litigation brought against the EMPLOYER or the CONTRACTOR<br />
in connection therewith. CONTRACTOR shall defend or contest<br />
at his own expense any fresh claim or litigation by any person<br />
including his SUB-CONTRACTOR, till its satisfactory settlement<br />
even after the expiry <strong>of</strong> two years from the date <strong>of</strong> issue <strong>of</strong> FINAL<br />
CERTIFICATE.<br />
45.1 In case the CONTRACTOR's per<strong>for</strong>mance is delayed due to any<br />
act or omission on the part <strong>of</strong> the EMPLOYER or his authorised<br />
agents, then the CONTRACTOR shall be given due extension <strong>of</strong><br />
time <strong>for</strong> the completion <strong>of</strong> the WORK, to the extent such omission<br />
on the part <strong>of</strong> the EMPLOYER has caused delay in the<br />
CONTRACTOR's per<strong>for</strong>mance <strong>of</strong> his WORK.<br />
45.2 No adjustment in CONTRACT PRICE shall be allowed <strong>for</strong><br />
reasons <strong>of</strong> such delays and extensions granted except as<br />
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