5) NOTWITHSTANDING anything herein be<strong>for</strong>e contained, our liability under this guaranteeis restricted to Rs._________(Rupees________________________). Our liability under thisguarantee shall remain in <strong>for</strong>ce until expir<strong>at</strong>ion of 160* days from the d<strong>at</strong>e of opening ofthe said Tender. Unless a demand or claim under this guarantee is made on us in writingwithin the said period, th<strong>at</strong> is, on or be<strong>for</strong>e____*___all rights of the Messers under the saidguarantee shall be <strong>for</strong>feited and we shall be relieved and discharged from all liabilitiesthereunder.6) We,__________Bank, further undertake not to revoke this guarantee during itscurrency except with the previous consent of OMPL in writing.7)This guarantee shall not be affected by any change in the constitution of the Tenderer orthe Bank or OMPL and shall remain in full <strong>for</strong>ce and effect until the liabilities of the Bank aredischarged by OMPLIN WITNESS WHEREF the Bank has executed this document on this_________dayof__________2013.For_________Bank*Pl. mention/put specific d<strong>at</strong>eAPPENDIX VFORM OF AGREEMENT BY THE SUCCESSFUL BIDDERON NON JUDICIAL STAMP PAPER OF RS.100/-PERFORMANCE GUARANTEESUB: CONTRACT/WORK ORDER NO:DATED:We the contractors hereby agree undertake to faithfully observe and comply 'with the followingduring the per<strong>for</strong>mance of the contract.1 We shalla) Deploy trained and competent employees who are physically fit and arc not suffering fromany chronic or contagious diseaseb) Be responsible <strong>for</strong> and arrange and bear costs of such equipments cleaning m<strong>at</strong>erials,uni<strong>for</strong>ms and other paraphernalia necessary to render; effectively the <strong>services</strong> required bythe Company.c) Be responsible and liable <strong>for</strong> payment of salaries wages and other legal dues of ouremployees <strong>for</strong> the purpose of rendering the <strong>services</strong> required by the Company under theabove contract and shall maintain proper books of accounts, records and documents. Weshall however, as <strong>at</strong> employer, have the exclusive right to termin<strong>at</strong>e the service of any ofour employees and to substitute any person instead.d) Comply in all respects with the provision of all st<strong>at</strong>utes, rules and regul<strong>at</strong>ions applicable tous and /or to our employees and in particular we shall obtain the requisite license under thecontract labour (Regul<strong>at</strong>ion & abolition) Act, 1970 and the rules made thereunder.e) Ensure th<strong>at</strong> our Employees while on the premises of the company or while carrying out theiroblig<strong>at</strong>ions under the contract, observe the standards of cleanliness, decorum safety andgeneral discipline laid down by the company or its authorised agents and the company shallbe sole judge as to whether or not we and / or our employees have observed the same.f) Personally and exclusively employ sufficient supervisory personnel exclusively to supervisethe work of our employees so as to ensure th<strong>at</strong> the <strong>services</strong> rendered under this contractare carried out the s<strong>at</strong>isfaction of the company.g) Ensure th<strong>at</strong> our employees will not enter or remain on the company's premises unlessabsolutely necessary <strong>for</strong> fulfilling our oblig<strong>at</strong>ions under the contract.Page 44 of 74
h) Not do or suffer to be done in or about the premises of the company anything wh<strong>at</strong>soeverwhich in the opinion of the company may be or become a nuisance or annoyance or dangeror which may adversely affect the property, reput<strong>at</strong>ion or interest of the company.i) Not do or suffer to be done in or about the premises of the company anything whereby anypolicy of insurance taken out by the company against loss or damage or otherwise maybecome void or avoidable.j) Be liable <strong>for</strong> and make good any damage caused to the company 's properties or premisesof any part thereof or to any fixtures or fittings or fitting thereof or therein by any act,omission, default or negligence on our part or on the part of our employees of our agents.k) Indemnify and keep indemnified the company, its officers and employees from and againstall claims, demands, actions suits and Proceedings wh<strong>at</strong>soever th<strong>at</strong> may be brought ormade against the company by or / on behalf of any person, body authority whomsoever andwh<strong>at</strong>soever and all duties, penalties, levies, taxes, losses, damages, costs, charges andexpenses and all other liabilities of wh<strong>at</strong>soever n<strong>at</strong>ure which the company may now orhereafter be liable to pay, incur or sustain by virtue of or as result of the per<strong>for</strong>mance ornon-per<strong>for</strong>mance or observance or non-observance by us of any of the terms and conditionsof the contract, without prejudice to the companys other rights, the company will beentitled to deduct from any compens<strong>at</strong>ion or other dues payable to us the amount payablethe company as a consequence of any such claims, demands costs, charges and expenses.The company shall not be responsible <strong>for</strong> de<strong>at</strong>h, injury or accidents to our employees whichmay arise out of or in the course of their duties on or about the company’s property andpremises and in the event th<strong>at</strong> the company is made liable to pay and damage orcompens<strong>at</strong>ion in respect of such employees, we hereby agree to pay to the company suchdamages or compens<strong>at</strong>ion upon demand. The company shall also not responsible or liable<strong>for</strong> any theft loss, damages, or destruction of any property th<strong>at</strong> belongs to us or ouremployees lying in the company premises from any cause wh<strong>at</strong>soever.l) It is hereby declared th<strong>at</strong> we are, <strong>for</strong> the purposes of these contract independentcontractors and all persons employed/ engaged by us <strong>for</strong> our oblig<strong>at</strong>ions under the contractshall be our employees and not of the company. On the expir<strong>at</strong>ion of the contract or anyearlier determin<strong>at</strong>ion thereof we shall <strong>for</strong>thwith remove our employees who are in thecompany’s premises or any part of thereof failing which our employees, agents, savants,etc. shall be deemed to be trespassers and on their failure to leave the company’spremises, the company shall be entitled to remove all persons concerned (if necessary byuse of <strong>for</strong>ce) from the company premises and also to prevent them (if necessary by use of<strong>for</strong>ce) from entering upon the company’s premises.We hereby under take and declare th<strong>at</strong>, in the event the workmen/ employees / persons /engaged (the contractors employees) to carry out the purposes thereof, <strong>at</strong>tempt to claimemployment with the company or <strong>at</strong>tempt to be declared as employees of the company or<strong>at</strong>tempt to become so placed, therein all such cases, we shall assist the company indefending all such <strong>at</strong>tempts of the contractors employees AND we shall bear any pay solelyand absolutely all costs, charges and expenses including legal charges incurred in whichmay incurred in defending all such <strong>at</strong>tempts and in any appeal or aspects filed by thecompany therein or rel<strong>at</strong>ing thereto AND we hereby indemnify <strong>for</strong>ever the company againstall such costs, charges and expenses including legal charges and against all any losses,expense all damages, whether recurring or not, financial or otherwise caused to or incurredby the company as a result of such <strong>at</strong>tempt by the Contractor’s employees.It is hereby agreed th<strong>at</strong> the company shall be entitled to setoff any debit or sum payable byus either directly or as a result of various facility to the company against any moniespayable or due from the company to us or against any monies laying or remaining with thecompany and belonging to us or any of our partners or directors.To be witnessed by Notary orContractor sign<strong>at</strong>ureBy an official of OMPLAuthorised AttorneyPage 45 of 74