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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 />

twenty five percent (125%) <strong>of</strong> the full amount claimed giving rise to the<br />

Security Interest from any payments to be made to the Contractor, and such<br />

withholding <strong>of</strong> payment shall not affect the other rights and obligations <strong>of</strong> the<br />

Parties under the Contract. Alternatively, the Employer may, at its discretion,<br />

discharge the Security Interest by paying the appropriate amount directly to<br />

the relevant person and deduct such amount from further payments to be<br />

made to the Contractor pursuant to the Contract.<br />

(d)<br />

(e)<br />

The Contractor shall indemnify the Employer against any loss, damage, cost<br />

or expense (including legal fees and the cost and expense <strong>of</strong> the Employer<br />

discharging any Security Interest as contemplated by Sub-Clause 7.9(c)) to<br />

the extent arising out <strong>of</strong> or in connection with any Security Interest being filed,<br />

claimed or registered as referred to in Sub-Clause 7.9(b).<br />

On its application for the Taking Over Certificate for the Works, pursuant to<br />

Sub-Clause 10 [Employer's Taking Over], the Contractor shall certify to the<br />

Employer, by way <strong>of</strong> a certificate, that it has no knowledge <strong>of</strong> any outstanding<br />

Security Interests or claims which may result in Security Interests affecting<br />

the Works or the Site.<br />

8. COMMENCEMENT, DELAYS AND SUSPENSION<br />

8.1 Commencement <strong>of</strong> Work<br />

Commencement <strong>of</strong> Work<br />

The Contractor shall commence the execution <strong>of</strong> the Works (including, without<br />

limitation, mobilisation and procurement) promptly after the Date <strong>of</strong> the Contract and<br />

shall proceed with the Works with due expedition and without delay in accordance<br />

with the Approved Preliminary Programme and, upon certification by the Employer's<br />

Representative, the Contract Programme submitted under Sub-Clause 8.3 [Contract<br />

Programme].<br />

8.2 Time for Completion<br />

Time for Completion<br />

(a)<br />

The Contractor shall complete the whole <strong>of</strong> the Works, and each Section to<br />

enable such Works to be Taken Over by the Employer in accordance with<br />

Sub-Clause 10.1 [Taking Over <strong>of</strong> the Works and Sections], within the Time for<br />

Completion for the Works or Section (as the case may be) including:<br />

(i)<br />

(ii)<br />

(iii)<br />

achieving each Milestone by the relevant Milestone Date;<br />

achieving the passing <strong>of</strong> the Tests on Completion to the Employer's<br />

Representative's satisfaction;<br />

satisfying all other preconditions to issuing a Taking Over Certificate<br />

as specified in the definition <strong>of</strong> Taken Over in Sub-Clause 1.1<br />

[Definitions] or elsewhere in the Contract; and<br />

© UNOPS 2011 65

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