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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 />

(c)<br />

In this Sub-Clause 4.28, “fraud” means a misrepresentation or omission <strong>of</strong><br />

fact(s) in order to influence, or to attempt to influence, the selection process<br />

or the execution <strong>of</strong> this Contract or any other activities <strong>of</strong> the Employer or <strong>of</strong><br />

any other entity <strong>of</strong> the United Nations.<br />

(d) Contractor acknowledges and agrees that any breach <strong>of</strong> this Sub-Clause 4.28<br />

shall entitle the Employer to terminate the Contract immediately by written<br />

notice in accordance with Sub-Clause 15.2, without any liability for<br />

termination charges or any other liability <strong>of</strong> any kind.<br />

4.29 Unexploded Ordinances<br />

Unexploded Ordinances<br />

If at any time during the carrying out <strong>of</strong> the Works the Contractor discovers an<br />

unexploded ordinance or land mine, the Contractor shall immediately stop work,<br />

notify the Employer’s Representative, take all necessary steps to ensure the safety <strong>of</strong><br />

all persons and property and secure the Site. The Contractor shall immediately<br />

resume the Works when instructed by the Employer’s Representative that is it safe to<br />

do so.<br />

4.30 Blasting<br />

Blasting<br />

The Contractor shall not use any explosives without the prior written permission <strong>of</strong><br />

the Employer. The Contractor shall comply with all regulations in force in the Country<br />

regarding the use <strong>of</strong> explosives and shall provide appropriate storage facilities before<br />

applying for permission to use any explosives. For the avoidance <strong>of</strong> doubt, the<br />

Employer’s approval or refusal to permit the use <strong>of</strong> explosives shall not relieve the<br />

Contractor from any <strong>of</strong> its warranties, obligations or liabilities under or in connection<br />

with the Contract and the Contractor shall not be entitled to an extension <strong>of</strong> time or<br />

additional Costs for such approval or refusal.<br />

5. NOMINATED SUBCONTRACTORS<br />

5.1 Definition <strong>of</strong> Nominated Subcontractor<br />

Definition <strong>of</strong> Nominated Subcontractor<br />

In the Contract, "Nominated Subcontractor" means a Subcontractor:<br />

(a)<br />

(b)<br />

who is stated in the Schedule <strong>of</strong> Nominated Subcontractors and whom the<br />

Contractor shall procure and employ as a Subcontractor to perform certain<br />

parts <strong>of</strong> the Works as specified in the Contract; or<br />

whom the Employer's Representative, under Clause 13 [Variations and<br />

Adjustments], instructs the Contractor to procure and employ as a<br />

Subcontractor after the Date <strong>of</strong> the Contract,<br />

© UNOPS 2011 50

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