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FMS - GAIL

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Contract Performance Security being reduced by reasons of any such<br />

deductions or sale of aforesaid, the CONTRACTOR shall within ten<br />

days thereafter make good in cash, bank drafts as aforesaid any sum<br />

or sums which may have been deducted from or realised by sale of<br />

his Contract Performance Security, or any part thereof. No interest<br />

shall be payable by the EMPLOYER for sum deposited as Contract<br />

Performance Security.<br />

24.5 Failure of the successful bidder to comply with the requirements of<br />

this Clause shall constitute sufficient grounds for the annulment of the<br />

award and the forfeiture of bid security.<br />

25 Time of Performance: 25.1 Time for Mobilisation<br />

The work covered by this CONTRACT shall be commenced within<br />

fifteen (15) days, the date of letter/Fax of Intent and be completed in<br />

stages on or before the dates as mentioned in the TIME SCHEDULE<br />

OF COMPLETION OF WORK. The CONTRACTOR should bear in<br />

mind that time is the essence of this agreement. Request for revision<br />

of construction time after tenders are opened will not receive<br />

consideration. The above period of fifteen (15) days is included within<br />

the overall COMPLETION SCHEDULE, not over and above the<br />

completion time to any additional work or any other reasons.<br />

26 Force Majeure:<br />

25.2 Time Schedule of Construction:<br />

25.2.1 The general Time Schedule of construction is given in the TENDER<br />

DOCUMENT. CONTRACTOR should prepare a detailed monthly or<br />

weekly construction program jointly with the<br />

ENGINEER-IN-CHARGE within 15 days of receipt of LETTER/FAX<br />

OF INTENT or ACCEPTANCE OF TENDER. The WORK shall be<br />

executed strictly as per the Time Schedule given in the CONTRACT<br />

DOCUMENT. The period of construction given includes the time<br />

required for mobilisation testing, rectifications, if any, retesting and<br />

completion in all respects in accordance with CONTRACT<br />

DOCUMENT to the entire satisfaction of the<br />

ENGINEER-IN-CHARGE.<br />

25.2.2 The CONTRACTOR shall submit a detailed PERT network within the<br />

time frame agreed above consisting of adequate number of activities<br />

covering various key phases of the WORK such as design,<br />

procurement, manufacturing, shipment and field erection activities<br />

within fifteen (15) days from the date of LETTER/FAX OF INTENT.<br />

This network shall also indicate the interface facilities to be provided<br />

by the EMPLOYER and the dates by which such facilities are<br />

needed.<br />

25.2.3 CONTRACTOR shall discuss the network so submitted with the<br />

EMPLOYER and the agreed network which may be in the form as<br />

submitted with the EMPLOYER or in revised form in line with the<br />

outcome of discussions shall form part of the CONTRACT, to be<br />

signed within fifteen (15) days from the date of LETTER OF<br />

ACCEPTANCE OF TENDER. During the performance of the<br />

CONTRACT, if in the opinion of the EMPLOYER proper progress is<br />

not maintained suitable changes shall be made in the<br />

CONTRACTOR's operation to ensure proper progress.<br />

The above PERT network shall be reviewed periodically and reports<br />

shall be submitted by the CONTRACTOR as directed by<br />

EMPLOYER.<br />

26.1 CONDITIONS FOR FORCE MAJEURES<br />

In the event of either party being rendered unable by Force Majeure<br />

to perform any obligations required to be performed by them under<br />

64

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