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BID DOCUMENT - Chennai Telephones - BSNL

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14.3 Termination for Insolvency:<br />

14.3.1. <strong>BSNL</strong> may at any time terminate the Contract by giving written notice to the Contractor,<br />

without compensation to Contractor, if the contractor becomes bankrupt or otherwise<br />

insolvent as declared by the competent court provided that such termination will not prejudice<br />

or affect any right or action or remedy which has accrued or will thereafter to <strong>BSNL</strong>.<br />

14.4 Optional Termination by <strong>BSNL</strong> (Other than due to default of the Contractor )<br />

14.4.1. <strong>BSNL</strong> may, at any time, at its option cancel and terminate this contract by written notice to<br />

the contractor, in which event the contractor shall be entitled to payment for the work done up<br />

to the time of such cancellation and a reasonable compensation in accordance with the<br />

contract prices for any additional expenses already incurred for balance work exclusive of<br />

purchases and/or whole of material, machinery and other equipment for use in or in respect<br />

of the work.<br />

14.4.2 In the event of the termination of the contract, the contractor shall forthwith clear the site of<br />

all the contractor’s materials, machinery and equipments and hand over possession of the<br />

work / operations concerned to <strong>BSNL</strong> or as <strong>BSNL</strong> may direct.<br />

14.4.3 <strong>BSNL</strong> may, at its option, cancel or omit the execution of one or more items of work under<br />

this contract and may cancel part of such items without any compensation whatsoever to the<br />

contractor.<br />

14.5. Issuance of Notice.<br />

14.5.1 The Assistant General Manager/Divisional Engineer in-charge of work shall issue show<br />

cause notice as and when required, giving details of lapses, violation of terms and conditions<br />

of the contract, wrongful delays or suspension of work or slow progress to the contractor<br />

directing the contractor to take corrective action. A definite time schedule for corrective<br />

action shall be mentioned in the show cause notice. If the contractor fails to take corrective<br />

action within the stipulated time frame, the Assistant General Manager/Divisional Engineer<br />

in-charge shall issue a final notice to the contractor along with a detailed report to the<br />

competent authority who had accepted the contract.<br />

14.5.2 The final notice for rescission of contract to the contractor shall expressly state the precise<br />

date and time from which the rescission would become effective. The following safe guards<br />

shall be taken while issuing the final notice.<br />

During the period of service notice and its effectiveness, the contractor should not be allowed<br />

to remove from the site any material / equipment belonging to <strong>BSNL</strong><br />

The contractor shall give in writing the tools and plants he would like to take away/remove<br />

from the site. Such of the materials as belongs to him and which may not be required for<br />

future execution of balance work may be allowed by the Assistant General<br />

Manager/Divisional Engineer in-charge of work to be removed with proper records<br />

No new construction beneficial to the contractor shall be allowed.<br />

Adequate security arrangement by <strong>BSNL</strong> in replacement of the contractor watch and ward<br />

shall be made forthwith. Expenses on this account are recoverable from the security deposit<br />

or any amount due to the contractor.<br />

15. INDEMNITIES:<br />

15.1 The contractor shall at all times hold <strong>BSNL</strong> harmless and indemnify from against all action,<br />

suits, proceedings, works, cost, damages, charges claims and demands of every nature and<br />

descriptions, brought or procured against <strong>BSNL</strong>, its officers and employees and forthwith upon<br />

demand and without protest or demur to pay to <strong>BSNL</strong> any and all losses and damages and cost<br />

Page 30 of 80<br />

Signature of Bidder with seal

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