CORRIGENDUM NO. II No. CIV/ 112/2012/SM (CE ... - Tenders India

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(c) Riot, commotion, disorder, strike or lockout by persons other than the
contractor’s personnel and other employees of the contractor and
subcontractors,
(d) Munitions of war, explosive materials, ionizing radiation or
contamination by radio activity, except as may be attributable to the
contractor’s use of such munitions, explosives, radiation or radioactivity,
and
(e) Natural catastrophes such as earthquake, hurricane, typhoon or volcanic
activity.
(ii) Storm, to the extent that it could not reasonably have been expected to occur at
the place, at the time of year, in question;
(iii)Epidemic, famine;
(iv) Strikes or boycotts interrupting supplies and services to the site (excluding strikes
or boycotts by employees, agents or representatives of contractor, or its
subcontractors for any reason whatsoever);
(v) Fire caused otherwise than by any act or omission on the part of the contractor or
its agents servants or employees or its subcontractor;
(vi) Any event or circumstance of a nature analogues to any of the above or an Act of
God.
Obligation of the Parties to perform
The obligations and liabilities of the contractor under this Contract would continue as
long as the performance is not impeded by Force Majeure Event as defined above.
The contractor shall resume performance of its obligations under this Contract as
soon as possible after the Force Majeure Event no longer exists. Provided that the
performance of the contractor’s obligations and liabilities shall, for the period of
Force Majeure, be governed as per and be subject to the provisions of this clause.
Notice
The contractor if affected by the Force Majeure Event shall give notice to the
employer in writing of the occurrence of any of the Force Majeure Event as soon as
the same arises, and in any event within three (3) days after the knowledge by the
contractor.
Notice shall inter-alia include full particulars of –
i) the nature of each Force Majeure Event
ii) the date and time effective when the performance of contractor’s obligations under
the contract was affected by the Force Majeure Event;
iii) the effect which such Force Majeure Event is having on the performance of
contractor’s obligations under the Contract was affected by the Force Majeure
Event;
iv) the measures which the contractor has taken, or proposes to take, to alleviate the
impact of those Force Majeure Events or mitigate the damage; and
v) any other relevant information.