Hiring of VPN Services for GAIL Agartala

77. Suspension of works:
78. Employer may do part of
work:
79. Possession prior to
completion:
WORK or remove and replaced with others, the materials or
articles complained of to as the case may be at the risk and
expense in all respects of the CONTRACTOR. The decision
of the Engineering-in-charge as to any question arising under
this clause shall be final and conclusive.
77.1 i) Subject to the provisions of sub-para (ii) of this clause,
the CONTRACTOR shall, if ordered in writing by the
ENGINEER-IN-CHARGE, or his representative,
temporarily suspend the WORKS or any part thereof
for such written order, proceed with the WORK
therein ordered to be suspended until, he shall have
received a written order to proceed therewith. The
CONTRACTOR shall not be entitled to claim
compensation for any loss or damage sustained by him
by reason of temporary suspension of the WORKS
aforesaid. An extension of time for completion,
corresponding with the delay caused by any such
suspension of the WORKS as aforesaid will be granted
to the CONTRACTOR should he apply for the same
provided that the suspension was not consequent to
any default or failure on the part of the
CONTRACTOR.
ii) In case of suspensions of entire WORK, ordered in
writing by ENGINEER-IN-CHARGE, for a period of
more than two months, the CONTRACTOR shall
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have the option to terminate the CONTRACT.
78.1 Upon failure of the CONTRACTOR to comply with any
instructions given in accordance with the provisions of this
CONTRACT the EMPLOYER has the alternative right,
instead of assuming charge of entire WORK, to place
additional labour force, tools, equipments and materials on
such parts of the WORK, as the EMPLOYER may designate
or also engage another CONTRACTOR to carry out the
WORK. In such cases, the EMPLOYER shall deduct from the
amount which otherwise might become due to the
CONTRACTOR, the cost of such work and material with ten
percent (10%) added to cover all departmental charges and
should the total amount thereof exceed the amount due to the
CONTRACTOR,the CONTRACTOR shall pay the difference
to the EMPLOYER.
79.1 The ENGINEER-IN-CHARGE shall have the right to take
possession of or use any completed or partially completed
WORK or part of the WORK. Such possession or use shall
not be deemed to be an acceptance of any work completed in
accordance with the CONTRACT agreement. If such
prior possession or use by the ENGINEER-IN- CHARGE
delays the progress of WORK, equitable adjustment in the
time of completion will be made and the CONTRACT
agreement shall be deemed to be modified accordingly.
80. (Defects liability period) 80.1 The CONTRACTOR shall guarantee the installation/WORK