Hiring of VPN Services for GAIL Agartala

95. Final decision and final
certificate:
96. Certificate and payments
on evidence of
completion:
97. Deductions from the
contract price:
`covered' up work.
iv) Certificates of final levels as set out for various works.
v) Certificates of tests performed for various WORKS.
vi) Material appropriation, Statement for the materials
issued by the EMPLOYER for the WORK and list of
surplus materials returned to the EMPLOYER's store
duly supported by necessary documents.
95.1 Upon expiry of the period of liability and subject to the
ENGINEER-IN-CHARGE being satisfied that the WORKS
have been duly maintained by the CONTRACTOR during
monsoon or such period as hereinbefore provided in Clause
80 & 81 and that the CONTRACTOR has in all respect duly
made-up any subsidence and performed all his obligations
under the CONTRACT, the ENGINEER-IN- CHARGE shall
(without prejudice to the rights of the EMPLOYER to retain
the provisions of relevant Clause hereof) otherwise give a
certificate herein referred to as the FINAL CERTIFICATE to
that effect and the CONTRACTOR shall not be considered to
have fulfilled the whole of his obligations under CONTRACT
until FINAL CERTIFICATE shall have been given by the
ENGINEER-IN- CHARGE notwithstanding any previous
entry upon the WORK and taking possession, working or
using of the same or any part thereof by the EMPLOYER.
96.1 Except the FINAL CERTIFICATE, no other certificates or
payments against a certificate or on general account shall be
taken to be an admission by the EMPLOYER of the due
performance of the CONTRACT or any part thereof or of
occupancy or validity of any claim by the CONTRACTOR.
97.1 All costs, damages or expenses which EMPLOYER may
have paid or incurred, which under the provisions of the
CONTRACT, the CONTRACTOR is liable/will be liable,
will be claimed by the EMPLOYER. All such claims shall be
billed by the EMPLOYER to the CONTRACTOR regularly
as and when they fall due. Such claims shall be paid by the
CONTRACTOR within 15 (fifteen) days of the receipt of the
corresponding bills and if not paid by the CONTRACTOR
within the said period, the EMPLOYER may, then, deduct the
amount from any moneys due i.e., Contract Performance
Security or becoming due to the CONTRACTOR under the
CONTRACT or may be recovered by actions of law or
otherwise, if the CONTRACTOR fails to satisfy the
EMPLOYER of such claims.
106