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ESTIMATED COST RS.31.50 LAKH (RUPEES THIRTY-ONE ... - IDCO

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32<br />

work, thereto for actually performed under this contract, unless and until the EIC of the work<br />

shall have certified in writing the performance of such work and the value payable in respect<br />

thereof and he shall only be entitled to be paid the value so certified.<br />

CLAUSE-4;<br />

CONTRACTOR REMAINS LIABLE TO PAY COMPENSATIONIF ACTION NOT TAKEN<br />

UNDER CLAUSE-IV;<br />

In any case in which any of the powers, conferred upon the competent authority / EIC of the<br />

Corporation by Clause-III hereof shall have become exercisable and the same shall not be<br />

exercised. The non-exercise thereof shall not constitute a waiver of any of the conditions<br />

thereof and such powers shall not withstanding be exercisable in event or any future case of<br />

default by the Contractor of which by any clause or clauses thereof he is declared liable to<br />

pay compensation/penalty amounting to the whole of his security deposit, the liability of the<br />

Contractors for past and future compensation/penalty shall remain unaffected.<br />

CLAUSE –5: POWERS TO TAKE POSSESSION OF OR REQUIRE REMOVAL OF OR<br />

SELL CONTRACTOR’S PLANTS:<br />

In the event of the EIC of the works putting in force the powers vested in him under the<br />

preceding clause he may, if he so desires, take possession of all or any tools, plants,<br />

materials and stores, in or upon the works, or the site thereof or belonging to the Contractor,<br />

or produced by him and intended to be used for the execution of the work or any part thereof<br />

, paying or allowing for the same in the account at the contract rates, or in case of these not<br />

being applicable, at current market rats to be certified by the EIC whose certificate thereof<br />

shall be final. Otherwise the EIC on behalf of the Corporation may issue notice in writing for<br />

the Contractor or his agent of the works, foreman or any other authorized person require<br />

him to remove such tools plant, materials or stores from the premises (Within a time to be<br />

specified in such notice), and in the event of the Contractor failing to comply with any such<br />

requisition, the EIC /authorized officer of the Corporation may remove them at the<br />

Contractor’s expense or sell them by auction or private sale on account of the Contractor<br />

and at his risk in all respects, and the certificate of the EIC of the Corporation as to be<br />

expense of any such removal and the amount of the proceeds and expense of any such sale<br />

shall be final and conclusive against the Contractor.<br />

If the Contractor shall desire on extension of time for completion of the work on the<br />

ground of his having been unavoidably hindered I its execution or any other grounds, he hall<br />

apply in writing to the Engineer-in-Charge within 30 days of the date of hindrance on account<br />

of which he desires such extension as aforesaid and the Engineer-in-charge shall, if in his<br />

opinion ( which shall be final) reasonable ground be shown therefore, authorize such

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