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REGIONAL INSTITUTE OF MEDICAL SCIENCES IMPHAL ...

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(c)<br />

The removal and proper re-execution, notwithstanding any previous test<br />

thereof or interim payment therefore, of any work which, in respect of<br />

(i)<br />

(ii)<br />

materials, Plant or workmanship, or<br />

design by the Contractor or for which he is responsible, is not, in<br />

the opinion of the Engineer, in accordance with the Contract.<br />

39.2 Default of Contractor in Compliance<br />

In case of default on the Contractor in carrying out such instruction within the<br />

time specified therein or, if none, within a reasonable time, the Employer shall be<br />

entitled to employ and pay other persons to carry out the same and all costs<br />

consequent thereon or incidental thereto shall, after due consultation with the<br />

Contractor, be determined by the Engineer and shall be recoverable from the<br />

Contractor by the Employer, and may be deducted by the Employer from any<br />

monies due or to become due to the Contractor and the Engineer shall notify the<br />

Contractor accordingly.<br />

SUSPENSION<br />

40.1 Suspension of Work<br />

The Contractor shall, on the instructions of the Engineer, suspend the progress of<br />

the Works or any part thereof for such time and in such manner as the Engineer<br />

may consider necessary and shall, during such suspension, properly protect and<br />

secure the Works or such part thereof so far as is necessary in the opinion of the<br />

Engineer. Unless such suspension is<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

otherwise provided for in the Contract, or<br />

necessary by reason of some default of or breach of contract by the<br />

Contractor or for which he is responsible, or<br />

necessary by reason of extra-ordinary climatic conditions on the Site, or<br />

necessary for the proper execution of the Works or for the safety of the<br />

Works or any part thereof (save to the extent that such necessity arises<br />

from any act or default by the Engineer or the Employer or from any of<br />

the risks defined in Sub-Clause 20.4), Sub- Clause 40.2 shall apply.<br />

40.2 Engineer's Determination following Suspension<br />

Where, pursuant to Sub-Clause 40.1, this Sub- Clause applies the Engineer shall,<br />

after due consultation with the Contractor determine<br />

(a)<br />

any extension of time to which the Contractor is entitled under Clause<br />

44.1 to 44.3, and<br />

HSCC/RIMS/2010/01 PI<br />

GCC-33

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