Hiring of VPN Services for GAIL Agartala

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44. Liens: 44.1 If, at any time there should be evidence or any lien or claim for which the EMPLOYER might have become liable and which is chargeable to the CONTRACTOR, the EMPLOYER shall have the right to retain out of any payment then due or thereafter to become due an amount sufficient to completely indemnify the EMPLOYER against such lien or claim and if such lien or claim be valid, the EMPLOYER may pay and discharge the same and deduct the amount so paid from any money which may be or may become due and payable to the CONTRACTOR. If any lien or claim remain unsettled after all payments are made, the CONTRACTOR shall refund or pay to the EMPLOYER all money that the latter may be compelled to pay in discharging such lien or claim including all costs and reasonable expenses. EMPLOYER reserves the right to do the same. 45. Delays by employer or his authorised agents: 44.2 The EMPLOYER shall have lien on all materials, equipments including those brought by the CONTRACTOR for the purpose of erection, testing and commissioning of the WORK. 44.3 The final payment shall not become due until the CONTRACTOR delivers to the ENGINEER-IN-CHARGE a complete release or waiver of all liens arising or which may arise out of his agreement or receipt in full or certification by the CONTRACTOR in a form approved by ENGINEER-IN-CHARGE that all invoices for labour, materials, services have been paid in lien thereof and if required by the ENGINEER-IN-CHARGE in any case an affidavit that so far as the CONTRACTOR has knowledge or information the releases and receipts include all the labour and material for which a lien could be filled. 44.4 CONTRACTOR will indemnify and hold the EMPLOYER harmless, for a period of two years after the issue of FINAL CERTIFICATE, from all liens and other encumbrances against the EMPLOYER on account of debts or claims alleged to be due from the CONTRACTOR or his SUB-CONTRACTOR to any person including SUB- CONTRACTOR and on behalf of EMPLOYER will defend at his own expense, any claim or litigation brought against the EMPLOYER or the CONTRACTOR in connection therewith. CONTRACTOR shall defend or contest at his own expense any fresh claim or litigation by any person including his SUB-CONTRACTOR, till its satisfactory settlement even after the expiry of two years from the date of issue of FINAL CERTIFICATE. 45.1 In case the CONTRACTOR's performance is delayed due to any act or omission on the part of the EMPLOYER or his 76
46. Payment if the contract is terminated: authorised agents, then the CONTRACTOR shall be given due extension of time for the completion of the WORK, to the extent such omission on the part of the EMPLOYER has caused delay in the CONTRACTOR's performance of his WORK. 45.2 No adjustment in CONTRACT PRICE shall be allowed for reasons of such delays and extensions granted except as provided in TENDER DOCUMENT, where the EMPLOYER reserves the right to seek indulgence of CONTRACTOR to maintain the agreed Time Schedule of Completion. In such an event the CONTRACTOR shall be obliged for working by CONTRACTOR's personnel for additional time beyond stipulated working hours as also Sundays and Holidays and achieve the completion date/interim targets. 46.1 If the CONTRACT shall be terminated as per Tender pursuant to Clause no. 29 of GCC, the CONTRACTOR shall be paid by the EMPLOYER in so far as such amounts or items shall not have already been covered by payments of amounts made to the CONTRACTOR for the WORK executed and accepted by ENGINEER-IN-CHARGE prior to the date of termination at the rates and prices provided for in the CONTRACT and in addition to the following: a) The amount payable in respect of any preliminary items, so far as the Work or service comprised therein has been carried out or performed and an appropriate portion as certified by ENGINEER-IN- CHARGE of any such items or service comprised in which has been partially carried out or performed. b) Any other expenses which the CONTRACTOR has expended for performing the WORK under the CONTRACT subject to being duly recommended by ENGINEER-IN-CHARGE and approved by EMPLOYER for payment, based on documentary evidence of his having incurred such expenses. 46.2 The CONTRACTOR will be further required to transfer the title and provide the following in the manner and as directed by the EMPLOYER. a) Any and all completed works. b) Such partially completed WORK including drawings, informations and CONTRACT rights as the CONTRACTOR has specially performed, produced or acquired for the performance of the CONTRACTOR. 77
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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 25 and 26: 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 and 64: obligation of the party affected by
Page 65 and 66: a) TO DETERMINE THE CONTRACT in whi
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: EMPLOYER as a result such failure w
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
Page 117 and 118: and binding as provided in the Agre
Page 119 and 120: 111 First aid and industrial injuri
Page 121 and 122: 115 Excavation and trenching: 116 D
Page 123 and 124: iii) When the work is done near any
Page 125 and 126: 117 Care in handling inflammable ga
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Section-6 Schedule of Rates 127
Page 129 and 130:
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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