Hiring of VPN Services for GAIL Agartala

such time as may be reasonably necessary for making it good,
proceed to alter, re-construct or remove such work and furnish
fresh equipments upto the standards of the specifications. In
case the CONTRACTOR fails to do so, EMPLOYER may on
giving the CONTRACTOR 7 (seven) day's notice in writing of
his intentions to do so, proceed to remove the portion of the
WORK so complained of and at the cost of CONTRACTOR's,
perform all such works or furnish all such equipments
provided that nothing in the clause shall be deemed to deprive
the EMPLOYER of or affect any rights under the
CONTRACT, the EMPLOYER may otherwise have in respect
of such defects and deficiencies.
84.2 The CONTRACTOR's full and extreme liability under this
clause shall be satisfied by the payments to the EMPLOYER
of the extra cost, of such replacements procured including
erection/installation as provided for in the CONTRACT; such
extra cost being the ascertained difference between the price
paid by the EMPLOYER for such replacements and the
CONTRACT price portion for such defective plants and
repayments of any sum paid by the EMPLOYER to the
CONTRACTOR in respect of such defective plant. Should
the EMPLOYER not so replace the defective plant the
CONTRACTOR's extreme liability under this clause shall be
limited to the repayment of all such sums paid by the
EMPLOYER under the CONTRACT for such defective plant.
85. Defence of suits: 85.1 If any action in court is brought against the EMPLOYER or an
officer or agent of the EMPLOYER, for the failure, omission
or neglect on the part of the CONTRACTOR to perform any
acts, matters, covenants or things under the CONTRACT, or
damage or injury caused by the alleged omission or negligence
on the part of the CONTRACTOR, his agents, representatives
or his SUB- CONTRACTOR's, or in connection with any
claim based on lawful demands of SUB-CONTRACTOR's
workmen suppliers or employees, the CONTRACTOR, shall
in such cases indemnify and keep the EMPLOYER and/or
their representatives harmless from all losses, damages,
expenses or decrees arising out of such action.
86. Construction aids,
equipments, tools &
tackles:
86.1 CONTRACTOR shall be solely responsible for making available
for executing the WORK, all requisite CONSTRUCTION
EQUIPMENTS, Special Aids, Barges, Cranes and the like, all
Tools, Tackles and Testing Equipment and Appliances,
including imports of such equipment etc. as required. In case
of import of the same the rates applicable for levying of
Custom Duty on such Equipment, Tools, & Tackles and the
duty drawback applicable thereon shall be ascertained by the
CONTRACTOR from the concerned authorities of
Government of India. It shall be clearly understood that
EMPLOYER shall not in any way be responsible for arranging
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