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easonable diligence remove from the SITE all the CONTRACTOR's equipment and shall give similar facilities to his SUB-CONTRACTORS to do so. 27 Price reduction schedule: 27.1 Time is the essence of the CONTRACT. In case the CONTRACTOR fails to complete the WORK within the stipulated period, then, unless such failure is due to Force Majeure as defined in Clause 26 here above or due to EMPLOYER's defaults, the Total Contract price shall be reduced by ½ % of the total Contract Price per complete week of delay or part thereof subject to a maximum of 5 % of the Total Contract Price, by way of reduction in price for delay and not as penalty. The said amount will be recovered from amount due to the Contractor/ Contractor’s Contract Performance Security payable on demand. 28. Rights of the employer to forfeit contract performance security: 29 Failure by the contractor to comply with the provisions of the contract: The decision of the ENGINEER-IN-CHARGE in regard to applicability of Price Reduction Schedule shall be final and binding on the CONTRACTOR. 27.2 All sums payable under this clause is the reduction in price due to delay in completion period at the above agreed rate. 27.3 BONUS FOR EARLY COMPLETION (*) If the Contractor achieves completion of Works or in all respect prior to the time schedule stipulated in the SCC, the Employer shall pay to the Contractor the relevant sum, if mentioned specifically in SCC, as bonus for early completion. The bonus for early completion, if provided specifically in SCC, shall be payable to the maximum ceiling of 2 ½ % of the total contract price. 28.1 Whenever any claim against the CONTRACTOR for the payment of a sum of money arises out or under the CONTRACT, the EMPLOYER shall be entitled to recover such sum by appropriating in part or whole the Contract Performance Security of the CONTRACTOR. In the event of the security being insufficient or if no security has been taken from the CONTRACTOR, then the balance or the total sum recoverable, as the case may be shall be deducted from any sum then due or which at any time thereafter may become due to the CONTRACTOR. The CONTRACTOR shall pay to the EMPLOYER on demand any balance remaining due. 29.1 If the CONTRACTOR refuses or fails to execute the WORK or any separate part thereof with such diligence as will ensure its completion within the time specified in the CONTRACT or extension thereof or fails to perform any of his obligation under the CONTRACT or in any manner commits a breach of any of the provisions of the CONTRACT it shall be open to the EMPLOYER at its option by written notice to the CONTRACTOR: 64
a) TO DETERMINE THE CONTRACT in which event the CONTRACT shall stand terminated and shall cease to be in force and effect on and from the date appointed by the EMPLOYER on that behalf, whereupon the CONTRACTOR shall stop forthwith any of the CONTRACTOR's work then in progress, except such WORK as the EMPLOYER may, in writing, require to be done to safeguard any property or WORK, or installations from damage, and the EMPLOYER, for its part, may take over the work remaining unfinished by the CONTRACTOR and complete the same through a fresh contractor or by other means, at the risk and cost of the CONTRACTOR, and any of his sureties if any, shall be liable to the EMPLOYER for any excess cost occasioned by such work having to be so taken over and completed by the EMPLOYER over and above the cost at the rates specified in the schedule of quantities and rate/prices. b) WITHOUT DETERMINING THE CONTRACT to take over the work of the CONTRACTOR or any part thereof and complete the same through a fresh contractor or by other means at the risk and cost of the CONTRACTOR. The CONTRACTOR and any of his sureties are liable to the EMPLOYER for any excess cost over and above the cost at the rates specified in the Schedule of Quantities/ rates, occasioned by such works having been taken over and completed by the EMPLOYER. 29.2 In such events of Clause 29.1(a) or (b) above. a) The whole or part of the Contract Performance Security furnished by the CONTRACTOR is liable to be forfeited without prejudice to the right of the EMPLOYER to recover from the CONTRACTOR the excess cost referred to in the sub-clause aforesaid, the EMPLOYER shall also have the right of taking possession and utilising in completing the works or any part thereof, such as materials equipment and plants available at work site belonging to the CONTRACTOR as may be necessary and the CONTRACTOR shall not be entitled for any compensation for use or damage to such materials, equipment and plant. b) The amount that may have become due to the CONTRACTOR on account of work already executed by him shall not be payable to him until after the expiry of Six (6) calendar months reckoned from the date of termination of CONTRACT or from the taking over of the WORK or part thereof by the EMPLOYER as the case may be, during which period the responsibility for faulty materials or 65
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GAIL (India) Limited 16, Bhikaji Ca
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TENDER NO.: GAIL/ND/C&P-MKTG/GT/14/
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Page 13 and 14: TENDER NO.: GAIL/ND/C&P-MKTG/GT/14/
Page 43 and 44: Company (other than the CONTRACTOR)
Page 45 and 46: 1.1.28 "METRIC SYSTEM" - All techni
Page 47 and 48: than 500 m away from the CONTRACTOR
Page 49 and 50: CONTRACTOR shall fail to comply wit
Page 51 and 52: audited. x) Details of present comm
Page 53 and 54: 5. Transfer of Tender Documents: of
Page 55 and 56: 11 Tenderer’s Responsibility; 12
Page 57 and 58: Tenderer is in doubt about the comp
Page 59 and 60: 23 Contractor to obtain his own Inf
Page 61 and 62: Guarantee or through an irrevocable
Page 63: obligation of the party affected by
Page 67 and 68: may give notice in writing to the C
Page 69 and 70: 36. Contractor's subordinate staff
Page 71 and 72: Notwithstanding any sub-letting wit
Page 73 and 74: 39. Contractor's responsibility wit
Page 75 and 76: EMPLOYER as a result such failure w
Page 77 and 78: 46. Payment if the contract is term
Page 79 and 80: advertising, publicity, sales relea
Page 81 and 82: 60. Alterations in specifications,
Page 83 and 84: 83 10% (ten percent) to cover all c
Page 85 and 86: ENGINEER-IN-CHARGE. "Certified true
Page 87 and 88: 66. Stores supplied by the employer
Page 89 and 90: 68. Material procured with assistan
Page 91 and 92: 73. Inspection of works: 73.1 The E
Page 93 and 94: 77. Suspension of works: 78. Employ
Page 95 and 96: 95 defective or not in accordance w
Page 97 and 98: such time as may be reasonably nece
Page 99 and 100: ENGINEER-IN-CHARGE as to the items
Page 101 and 102: 88.1.1 All measurements shall be re
Page 103 and 104: such claim and no delay in dealing
Page 105 and 106: CONTRACTOR after verifying from the
Page 107 and 108: SECTION-VII Taxes and Insurance 98.
Page 109 and 110: the insurance coverage risk and in
Page 111 and 112: 111 the Employership of such vehicl
Page 113 and 114: 113 the EMPLOYER harmless of all cl
Page 115 and 116:
104 Implementation of apprentices a
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and binding as provided in the Agre
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111 First aid and industrial injuri
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115 Excavation and trenching: 116 D
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iii) When the work is done near any
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117 Care in handling inflammable ga
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Section-6 Schedule of Rates 127
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Section - 7 Forms & Formats 129
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To M/S. GAIL(India) LTD. 16, Bhikai
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Annual Turnover data for the last 3
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F-4 PROFORMA FOR BANK GUARANTEE FOR
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F-5 LETTER OF AUTHORITY PROFORMA FO
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M/S. GAIL(India) LTD. 16, Bhikaiji
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Full Postal Address and phone nos o
Page 143 and 144:
on demand, a penal interest of 18%
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