Download Tender Document - High Commission of India, Colombo

MEASURED PRICE CONSTRUCTION CONTRACT
General Conditions
Operational excellence for results that matter
the Employer and in the form set out in the Schedule of Forms of Security
equal to the amount specified in the Schedule of Details.
(d)
(e)
(f)
(g)
(h)
(i)
Unless otherwise specified in the Contract, the Contractor shall deliver the
additional Bank Guarantee for performance to the Employer within 14 days of
any approved increase to the Contract Price as contemplated under Sub-
Clause 4.2(c), and shall send a copy to the Employer's Representative.
All fees, taxes and expenses associated with procuring, preparing,
completing, extending, replacing and stamping (if applicable) each of the
Bank Guarantees for performance shall be paid by the Contractor.
If the Contractor is a subsidiary of another corporation, the Contractor shall, if
requested by the Employer in its absolute discretion, arrange for its ultimate
parent company or any other parent company as the Employer may approve
in its absolute discretion, to provide a parent company guarantee in the form
set out in the Schedule of Forms of Security.
Where the Contractor comprises a consortium of two or more entities, they
shall all cause their respective ultimate parent companies (or other parent
company or parent companies approved by the Employer in its absolute
discretion) to provide a joint and several parent company guarantee in
accordance with Sub-Clause 4.2(f).
The Contractor shall, if requested by the Employer, in its absolute discretion
also deliver to the Employer a legal opinion in relation to the guarantor’s
obligations under the parent company guarantee provided under Sub-Clause
4.2(f) or Sub-Clause 4.2(g), if any, and whichever is applicable, in the form
set out in the Schedule of Forms of Security from a legal advisor approved by
the Employer.
The Contractor shall, if requested by the Employer, in its absolute discretion
provide to the Employer financial or other information the Employer may
require to satisfy itself that the parent company is an appropriate entity with
sufficient means to satisfy the parent company guarantee.
4.3 Contractor's Representative
Contractor's Representative
(a)
(b)
(c)
The Contractor shall appoint the Contractor's Representative and shall give it
all authority necessary to act on the Contractor's behalf under the Contract.
Unless the Contractor’s Representative is named in the Schedule of Details,
the Contractor shall submit to the Employer’s Representative for consent the
name and particulars of the person the Contractor proposes to appoint as the
Contractor’s Representative.
If consent is withheld or subsequently revoked, or if the appointed person fails
to act as the Contractor's Representative, the Contractor shall similarly
submit the name and particulars of another suitable person for such
appointment. The Contractor shall not, without the prior written consent of
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