7. Providing services for Industrial Canteen at ONGC Mangalore ...

of the happenings of any such events if given by either party or the other within twentyone days from the date of occurrence thereof, neither party shall by reasons of suchevent, be entitled to terminate the contract nor shall either party have any claim fordamage against whether in respect of such non-performance or delay in performance.Deliveries or acceptance of deliveries under the contract shall be resumed as soon aspracticable after such event has come to an end or ceased to exist and the decision ofthe OMPL as to whether the deliveries or acceptance of deliveries have to be so resumedor not shall be final and conclusive provided further if the performance in whole or partor any obligation under the contract is prevented or delayed by reasons of any suchevent for period exceeding 60 days either party may at its option terminate thecontract.63 ARBITRATION: Except as otherwise provided elsewhere in the contract, if any dispute,difference, question or disagreement arises between the parties to the contract or theirrespective representatives or assignees, at any time, in connection with construction,meaning, operation, effect, interpretation of or out of the contract or breach thereof, thesame shall be referred to Arbitration of a Sole Arbitrator appointed by the Director-In-Charge of OMPL.It is also agreed that there shall be no objection for appointment of an employee ofOMPL as a Sole Arbitrator who also may or may not hold shares of OMPL. a)Appointment of Arbitrator shall be made within 30 days of the receipt of the arbitrationnotice. b) If the Arbitrator so appointed dies, resigns, becomes incapacitated orwithdraws for any reason from the proceedings, it shall be lawful for the ManagingDirector of OMPL to appoint another person in his place in the same manner asaforesaid. Such person shall proceed with the reference from the stage where hispredecessor had left if both parties consent for the same; otherwise, he shall precede denovo. c) It is a term of the contract that the party invoking arbitration shall specify alldisputes to be referred to arbitration at the time of invocation of arbitration and notthereafter. d) It is also a term of the contract that neither party to the contract shall beentitled for any interest on the amount of the award. e) The arbitrator shall givereasoned award and the same shall be final, conclusive and binding on the parties. f)The venue of the arbitration shall be Mangalore, Karnataka, India. g) The fees of thearbitrator, costs and other expenses incidental to the arbitration proceedings shall beborne equally by the parties. h) Subject to as aforesaid, the provisions of the Arbitrationand Conciliation Act, 1996 and any statutory modifications or re-enactment in lieuthereof shall apply to the arbitration proceedings under this clause.64. DIFFERENCE IN MEANINGS/TERMS: In case of any difference in meaning/understanding /contradictory terms or conditions in the documents, the stricter termsfavoring OMPL will apply.65. JURISDICTION: The Vendor hereby agrees that the Courts situated in Mangalore aloneshall have the Jurisdiction to hear and determine all actions and proceedings arising outof this contract.TERMS AND CONDITIONS APPLICABLE FOR CONTRACTS/SERVICES WHILEWORKINGS INSIDE OMPL PROJECT SITE AND OFFICE66. TIME SCHEDULE/MOBILISATION/COMPLETION PERIOD: Monthly/weeklyconstruction programmes will be drawn up by the Engineer-in-charge jointly with theContractor based on demand/ availability of materials, work fronts etc. The Contractorshall scrupulously adhere to the targets/programmes by deploying adequate personnel,survey instruments, construction equipment, tools and tackles and also timely supply ofrequired materials coming within his scope of supply as per contract. In all mattersconcerning the extent of targets set out in the monthly/weekly programme and thedegree of achievements, the decision of Engineer-in-charge will be final and binding onthe Contractor. Contractor shall give every day report on deployment of category-wisePage 18 of 74