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GAMMON INDIA LIMITED

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the tender, the contract is usually awarded to the most competitive financial bidder. Our industry has been<br />

frequently subject to intense price competition. This competitive bidding process may have an adverse<br />

affect on the profit margins that we are able to attain. See “Business — Competition”, for more details on<br />

competition in the Indian construction industry.<br />

Some of our competitors are larger than us and have greater financial resources. They may also benefit from<br />

greater economies of scale and operating efficiencies. Competitors may, whether through consolidation or<br />

growth, present more credible integrated and/or lower cost solutions than we do. Our competitors with<br />

greater financial resources and greater economies of scale may be able to pre-qualify in their own right<br />

and/or attract a joint venture partner more easily than us. See ― Risk Factors — If we cannot bid in our own<br />

right, and we are unable to find suitable joint venture partners, we may be ineligible for bidding for certain<br />

contracts and projects.‖ There can be no assurance that we can continue to compete effectively with our<br />

competitors in the future, and any such failure may have an adverse effect on our business, financial<br />

condition and results of operations.<br />

EPC and construction projects could be subject to construction and operational risks.<br />

EPC and construction projects could involve various risks, such as regulatory risk, construction risk and the<br />

risk that these projects may ultimately prove to be unprofitable. We might also be required to pay liquidated<br />

damages for delays or face termination in the case of continued delay. In addition, new projects may pose<br />

significant challenges to our management, administrative, financial and operational resources, as we<br />

continue to expand across in India as well as venture overseas. We may be required to devote substantial<br />

time and other resources in managing our new projects, potentially leading to neglect of our ongoing<br />

projects. Further, we may face exposure to additional risks in our overseas projects, especially in<br />

jurisdictions where we do not have experience. We cannot provide any assurance that we will succeed in<br />

any new projects that we may enter into or that we will recover our investments in such projects. Any<br />

failure in the development, management or operation of any of our projects may adversely affect our<br />

business, financial condition and results of operations.<br />

Delays or defaults in customer payments could result in reduction of our profits.<br />

Because of the nature of our contracts, we sometimes commit resources to projects prior to receiving<br />

advances, progress or other payments from the customer in amounts sufficient to cover expenditures as they<br />

are incurred. Delays in customer payments or a client‘s inability to meet contractual payments obligations,<br />

which are not unusual in the EPC and construction industry, may require us to make a working capital<br />

investment. If a customer defaults in making payments on a project on which we have devoted significant<br />

resources, it could have an adverse effect on our operating results. We are also currently engaged in certain<br />

recovery matters.<br />

The nature of our EPC and construction business exposes us to liability claims and contract disputes.<br />

We are involved in large projects where design, construction or systems failures can result in substantial<br />

injury or damage to third parties. We could face significant claims for damages in respect of, among other<br />

things:<br />

defects in the quality of our or our subcontractors‘ design, construction, engineering or planning;<br />

latent defects;<br />

accidents;<br />

commercial and environmental matters;<br />

our supply chain vendors‘ products; or<br />

failure of our project management techniques.<br />

Although we maintain insurance in respect of our projects in accordance with industry standards and we<br />

selectively seek backup guarantees from our suppliers and sub-contractors, there can be no assurance that<br />

such measures will be sufficient to cover liabilities resulting from claims. Any liability in excess of our<br />

insurance payments, reserves or backup guarantees could result in additional costs, which would reduce our<br />

profits. In addition, as we increase our own design capabilities, we will no longer have recourse to third<br />

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