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Hiring of VPN Services for GAIL Agartala

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may give notice in writing to the CONTRACTOR or his<br />

clerk <strong>of</strong> the works, <strong>for</strong>eman or other authorised agent,<br />

requiring him to remove such tools, plant, materials or<br />

stores from the premises (within a time to be specified in<br />

such notice), and in the event <strong>of</strong> the CONTRACTOR failing<br />

to comply with any such requisition, the<br />

ENGINEER-IN-CHARGE may remove them at the<br />

CONTRACTOR's expense or sell them by auction or<br />

private sale on account <strong>of</strong> the CONTRACTOR and at his<br />

risk in all respects without any further notice as to the date,<br />

time or place <strong>of</strong> sale and the certificate <strong>of</strong> the<br />

ENGINEER-IN-CHARGE as to the expenses <strong>of</strong> any such<br />

removal and the amount <strong>of</strong> the proceeds and expenses <strong>of</strong><br />

any such sale shall be final and conclusive against the<br />

CONTRACTOR.<br />

31 Change in constitution: 31.1 Where the CONTRACTOR is a partnership firm, the prior<br />

approval <strong>of</strong> the EMPLOYER shall be obtained in writing,<br />

be<strong>for</strong>e any change is made in the constitution <strong>of</strong> the firm.<br />

Where the CONTRACTOR is an individual or a Hindu<br />

undivided family business concern, such approval as<br />

a<strong>for</strong>esaid shall,likewise be obtained be<strong>for</strong>e such<br />

CONTRACTOR enters into any agreement with other<br />

parties, where under, the reconstituted firm would have the<br />

right to carry out the work hereby undertaken by the<br />

CONTRACTOR. In either case if prior approval as<br />

a<strong>for</strong>esaid is not obtained, the CONTRACT shall be deemed<br />

to have been allotted in contravention <strong>of</strong> clause 37 here<strong>of</strong><br />

and the same action may be taken and the same<br />

consequence shall ensure as provided in the said clause.<br />

32 Termination <strong>of</strong> contract<br />

32(A) TERMINATION OF CONTRACT FOR DEATH:<br />

If the CONTRACTOR is an individual or a proprietary<br />

concern and the individual or the proprietor dies or if the<br />

CONTRACTOR is a partnership concern and one <strong>of</strong> the<br />

partner dies then unless, the EMPLOYER is satisfied that<br />

the legal representative <strong>of</strong> the individual or the proprietory<br />

concern or the surviving partners are capable <strong>of</strong> carrying<br />

out and completing CONTRACT, he (the EMPLOYER)is<br />

entitled to cancel the CONTRACT <strong>for</strong> the uncompleted<br />

part without being in any way liable <strong>for</strong> any compensation<br />

payment to the estate <strong>of</strong> the diseased CONTRACTOR<br />

and/or to the surviving partners <strong>of</strong> the CONTRACTOR'S<br />

firm on account <strong>of</strong> the cancellation <strong>of</strong> CONTRACT. The<br />

decision <strong>of</strong> the EMPLOYER in such assessment shall be<br />

final and binding on the parties. In the event <strong>of</strong> such<br />

cancellation, the EMPLOYER shall not hold the estate <strong>of</strong><br />

the diseased CONTRACTOR and/or the surviving partners<br />

<strong>of</strong> the CONTRACTOR'S firm liable <strong>for</strong> any damages <strong>for</strong><br />

non-completion <strong>of</strong> CONTRACT.<br />

67

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