Hiring of VPN Services for GAIL Agartala

69. Materials obtained from
dismantling:
economically and solely for the purpose of the CONTRACT
and not dispose them off without the permission of the
EMPLOYER and return, if required by the
ENGINEER-IN-CHARGE, shall determine having due regard
to the condition of the materials. The price allowed to the
CONTRACTOR, however, shall not exceed the amount
charged to him excluding the storage charges, if any. The
decision of the ENGINEER-IN-CHARGE shall be final and
conclusive in such matters. In the event of breach of the
aforesaid condition, the CONTRACTOR shall, in terms of the
licences or permits and/or criminal breach of trust, be liable to
compensate the EMPLOYER at double rate or any higher rate,
in the event of those materials at that time having higher rate
or not being available in the market, then any other rate to be
determined by the ENGINEER-IN-CHARGE and his decision
shall be final and conclusive.
69.1 If the CONTRACTOR in the course of execution of the
WORK is called upon to dismantle any part for reasons other
than those stipulated in Clauses 74 and 77 hereunder, the
materials obtained in the WORK of dismantling etc., will be
considered as the EMPLOYER's property and will be disposed
off to the best advantage of the EMPLOYER.
70. Articles of value found: 70.1 All gold, silver and other minerals of any description and all
precious stones, coins, treasure relics, antiquities and other
similar things which shall be found in, under or upon the SITE,
shall be the property of the EMPLOYER and the
CONTRACTOR shall duly preserve the same to the
satisfaction of the ENGINEER-IN-CHARGE and shall from
time to time deliver the same to such person or persons
71.
Discrepancies between
instructions:
72. Action where no
specification is issued:
indicated by the EMPLOYER.
71.1 Should any discrepancy occur between the various instructions
furnished to the CONTRACTOR, his agent or staff or any
doubt arises as to the meaning of any such instructions or
should there be any misunderstanding between the
CONTRACTOR's staff and the ENGINEER-IN- CHARGE's
staff, the CONTRACTOR shall refer the matter immediately
in writing to the ENGINEER-IN-CHARGE whose decision
thereon shall be final and conclusive and no claim for losses
alleged to have been caused by such discrepancies between
instructions, doubts, or misunderstanding shall in any event be
admissible.
72.1 In case of any class of WORK for which there is no
SPECIFICATION supplied by the EMPLOYER as mentioned
in the Tender Documents such WORK shall be carried out in
accordance with Indian Standard Specifications and if the
Indian Standard Specifications do not cover the same, the
WORK should be carried out as per standard Engineering
Practice subject to the approval of the
ENGINEER-IN-CHARGE.
90