CORRIGENDUM NO. II No. CIV/ 112/2012/SM (CE ... - Tenders India
CORRIGENDUM NO. II No. CIV/ 112/2012/SM (CE ... - Tenders India
CORRIGENDUM NO. II No. CIV/ 112/2012/SM (CE ... - Tenders India
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15<br />
Reporting requirement<br />
For so long as the contractor continues to be affected by the Force Majeure Event it<br />
shall provide Engineer with regular (and not less than weekly) written report<br />
containing<br />
i) the information called for under and<br />
ii) such other information as the other party may reasonably request.<br />
Costs, Revised Timetable<br />
During the period of Force Majeure<br />
(i) The employer shall not be responsible for any cost resulting from a Force<br />
Majeure Event.<br />
(ii) Any time period specified in this Contract for the performance of an<br />
obligation by the contractor may be extended proportionately by employer for<br />
such a period during which the Force Majeure Event affected the obligation of<br />
the contractor.<br />
Period of Force Majeure<br />
In this clause reference to a period of Force Majeure shall mean the period of<br />
commencing from the date and time specified in the notice given by the contractor,<br />
until the earlier of –<br />
i) Such time as the performance by the contractor of its obligations is no longer,<br />
materially and adversely affected; and<br />
ii) If this Contract is terminated pursuant to clause, the date of service of such notice.<br />
Termination due to Force Majeure Event<br />
In the event that such Force Majeure Event shall physically impede or prevent the<br />
contractor from performing its obligations under this Contract for more than 30 days<br />
from the date of commencement of such force majeure event, the contractor and the<br />
employer may mutually decide the terms upon which the contractor shall continue the<br />
performance of its obligations or to terminate this Contract. The employer shall if it is<br />
so agreed between the parties terminate the Contract.<br />
Consultation and Duty to Mitigate<br />
For so long as the period of Force Majeure is continuing, the contractor and the<br />
employer shall consult each other and the contractor shall use all reasonable<br />
endeavours to alleviate its effects on the performance of its obligations under this<br />
Contract. The employer shall afford reasonable assistance to the contractor to<br />
alleviate the effect of the Force Majeure Event on the performance by contractor of its<br />
obligations under this Contract.<br />
Termination due to Force Majeure<br />
If the Contract is terminated by the employer or the contractor under provisions of<br />
this clause due to a Force Majeure event, the amount of compensation shall be as<br />
mutually decided between the parties at the appropriate time and as per the terms and<br />
conditions mutually agreed upon and subject to, the provisions of this Contract.