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Download Tender Document - High Commission of India, Colombo

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MEASURED PRICE CONSTRUCTION CONTRACT<br />

General Conditions<br />

Operational excellence for results that matter<br />

(i)<br />

(ii)<br />

an extension <strong>of</strong> time for any such delay, if completion is or will be<br />

delayed, under Sub-Clause 8.4 [Extension <strong>of</strong> Time for Completion];<br />

and<br />

payment <strong>of</strong> any such Costs, which shall be added to the Contract<br />

Price as a Variation.<br />

(d)<br />

After receiving the Claim Notice under Sub-Clause 2.1(c), the Employer's<br />

Representative shall proceed in accordance with Sub-Clause 20.1<br />

[Contractor's Claims] and Sub-Clause 3.5 [Determinations] to agree or<br />

determine the matters set out in Sub-Clause 2.1(c). If and to the extent that<br />

the Employer's failure was caused by any error or delay by the Contractor,<br />

including an error in, or delay in the submission <strong>of</strong> any <strong>of</strong> the Bank Guarantee<br />

for performance, the parent company guarantee (if requested) or the<br />

Contractor's <strong>Document</strong>s, or delay in the Contractor obtaining the requisite "no<br />

objection certificates", licences and registration from the relevant Authorities<br />

necessary for the proper performance <strong>of</strong> the Works, the Contractor shall not<br />

be entitled to such extension <strong>of</strong> time or payment <strong>of</strong> Costs or to make any<br />

other related claim against the Employer (whether under the Contract or<br />

otherwise).<br />

2.2 Permits, Licences or Approvals<br />

Permits, Licences or Approvals<br />

The Employer shall (where it is in a position to do so) provide reasonable assistance<br />

to the Contractor, at the request <strong>of</strong> the Contractor, in the application for any permits<br />

or approvals required by Law:<br />

(a) which the Contractor is required to obtain under Sub-Clause 1.13<br />

[Compliance with Laws];<br />

(b)<br />

(c)<br />

for the delivery <strong>of</strong> Goods, including clearance through customs; and<br />

for the export <strong>of</strong> Contractor's Equipment when it is removed from the Site.<br />

2.3 Employer's Personnel<br />

Employer's Personnel<br />

The Employer shall be responsible for ensuring that the Employer's Personnel:<br />

(a)<br />

(b)<br />

co-operate with the Contractor's efforts under Sub-Clause 4.6 [Co-operation];<br />

and<br />

take actions similar to those which the Contractor is required to take under<br />

Sub-Clauses 4.8(a), (b) and (c) and Sub-Clause 4.18 [Protection <strong>of</strong> the<br />

Environment].<br />

© UNOPS 2011 25

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