Hiring of VPN Services for GAIL Agartala

47. No waiver of rights: 47.1 Neither the inspection by the EMPLOYER or any of their
officials, employees, or agents nor any order by the
EMPLOYER for payment of money or any payment for or
acceptance of the whole or any part of the Work by the
EMPLOYER nor any extension of time, nor any possession
taken by EMPLOYER shall operate as a waiver of any
provision of the CONTRACT, or of any power herein
reserved to the EMPLOYER, or any right to damages herein
provided, nor shall any waiver of any breach in the
CONTRACT be held to be a waiver of any other subsequent
breach.
48. Certificate not to affect
right of employer and
liability of contractor:
48.1 No interim payment certificate(s) issued by the Engineer-in-
Charge of the EMPLOYER, nor any sum paid on account
by the EMPLOYER, nor any extension of time for
execution of the work granted by EMPLOYER shall affect
or prejudice the rights of the Employer against the
CONTRACTOR or relieve the CONTRACTOR of his
obligations for the due performance of the CONTRACT, or
be interpreted as approval of the WORK done or of the
equipment supplied and no certificate shall create liability
for the EMPLOYER to pay for alterations, amendments,
variations or additional works not ordered, in writing, by
EMPLOYER or discharge the liability of the
CONTRACTOR for the payment of damages whether due,
ascertained, or certified or not or any sum against the
payment of which he is bound to indemnify the
EMPLOYER.
49. Language and measures: 49.1 All documents pertaining to the CONTRACT including
Specifications, Schedules, Notices, Correspondence,
operating and maintenance Instructions, DRAWINGS, or
any other writing shall be written in English language. The
Metric System of measurement shall be used in the
CONTRACT unless otherwise specified.
50. Transfer of title: 50.1 The title of Ownership of supplies furnished by the
CONTRACTOR shall not pass on to the EMPLOYER for
all Supplies till the same are finally accepted by the
EMPLOYER after the successful completion of
PERFORMANCE TEST and GUARANTEE TEST and
issue of FINAL CERTIFICATE.
50.2 However, the EMPLOYER shall have the lien on all such
works performed as soon as any advance or progressive
payment is made by the EMPLOYER to the
CONTRACTOR and the CONTRACTOR shall not subject
these works for use other than those intended under this
CONTRACT.
51. Release of information: 51.1 The CONTRACTOR shall not communicate or use in
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