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MEASURED PRICE CONSTRUCTION CONTRACT General Conditions Operational excellence for results that matter (i) (ii) (iii) the language of the conciliation shall be in English; one conciliator shall be appointed by agreement between the Parties; or if the Parties are unable to agree on the appointment of a conciliator within 14 days after the matter has been referred to conciliation, the conciliator will be appointed by the Secretary-General of the Permanent Court of Arbitration in accordance with the Conciliation Rules. If the Parties do not reach agreement under the Conciliation Rules, the Dispute shall be referred, if requested by either Party, to arbitration in accordance with Sub-Clause 20.1(f). (f) If the Parties are unable to resolve the Dispute in accordance with Sub- Clause 20.3(c) or 20.3(e), the Dispute shall be referred, if requested by either Party, to and finally resolved by arbitration in accordance with the UNCITRAL Arbitration Rules then in effect ("Rules") provided that: (i) (ii) (iii) (iv) there shall be no seat or place of arbitration. The place of hearing shall be the place stated in the Schedule of Details; the language of the arbitration shall be English; the decisions of the arbitral tribunal shall be based on general principles of international commercial law. The arbitral tribunal shall have no authority to award punitive damages. In addition, the arbitral tribunal shall have no authority to award interest in excess of the London Inter-Bank Offered Rate (“LIBOR”) then prevailing, and any such interest shall be simple interest only; and the Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such dispute, controversy, or claim. (g) The arbitral proceedings and any information and documents relating to these proceedings shall be regarded as confidential in accordance with the meaning contemplated in Sub-Clause 1.12 [Confidential Details]. 20.4 Dispute resolution not to delay execution of the Works Dispute resolution not to delay execution of the Works Despite any activation of the dispute resolution procedures under Sub-Clause 20.3 [Dispute resolution procedures], the Contractor shall continue to execute the Works and its other obligations under or in connection with the Contract. 20.5 Survival Survival This Clause 20 survives the completion, expiry or termination of the Contract. © UNOPS 2011 123
MEASURED PRICE CONSTRUCTION CONTRACT General Conditions Operational excellence for results that matter 21. PRIVILEGES AND IMMUNITIES Nothing in or relating to the Contract shall be deemed a waiver, express or implied, of any of the privileges and immunities of the United Nations, including its subsidiary organs, of which the Employer is an integral part, which are hereby expressly reserved. 22. MISCELLANEOUS (a) (b) (c) In connection with the performance of the Contract, the Contractor acknowledges that the imports and customs Law and regulations of the Country shall apply to the furnishings and shipments of any products and components thereof to the Country. The Contractor specifically acknowledges that the aforementioned import and custom Laws and regulations of the Country prohibit, among other things, the importation into the Country of certain products and components. The Contract may not be amended except in writing signed by a duly authorised representative of each of the Parties. Subject to any express provision in the Contract to the contrary, the respective warranties, obligations or liabilities of the Parties do not cease on the completion, expiry or termination of this Contract. © UNOPS 2011 124
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DEVELOPMENT OF ATCHCHUVALI INDUSTRI
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INVITATION TO BID Schedules Operati
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