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

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

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3. Failure on the part of the C<strong>at</strong>erers to comply with the orders contained in the abovepara will be tre<strong>at</strong>ed as breach of terms of this agreement and the C<strong>at</strong>erers will be liableto bear the Breach of Contract.4. The C<strong>at</strong>erers also agree to have all their employees / workmen who handle foodstufftuberculin & HIV tested and ECG done, vaccin<strong>at</strong>ed and screened or x-rayed <strong>at</strong> anyCompany’s Medical facility <strong>at</strong> C<strong>at</strong>erers cost and produce the certific<strong>at</strong>e to th<strong>at</strong> effect <strong>at</strong>the time of their first appointment by the C<strong>at</strong>erers and <strong>at</strong> subsequent periodical reexamin<strong>at</strong>ion.40. QUALITY CHECK OF FOOD STUFF:1. The C<strong>at</strong>erers agree th<strong>at</strong> the Company’s Medical Officer, authorized in this behalf shall beentitled to inspect all articles of food and to reject the same if they appear to beunwholesome or stale or otherwise unfit <strong>for</strong> human consumption.2. The C<strong>at</strong>erers agree th<strong>at</strong> nothing but articles of food of the n<strong>at</strong>ure mentioned inAnnexure III shall be provided <strong>for</strong> consumption.3. The C<strong>at</strong>erers further agree th<strong>at</strong> each and all of the articles and other stores includingeverything th<strong>at</strong> is provided <strong>for</strong> consumption in the <strong>Canteen</strong> or offices shall be made ofbest of kind and description and of the quality, brand as approved by the Company.4. The Company shall be entitled to demand the immedi<strong>at</strong>e removal or destruction of all orany article and other stores which may consider not to be of suitable quality orotherwise injurious to health and the C<strong>at</strong>erers shall <strong>for</strong>thwith comply with each andevery demand made by the Company and shall not be entitled to any compens<strong>at</strong>ion <strong>for</strong>the value of any such articles which they are so required to remove or destroy.5. The C<strong>at</strong>erers agree to bear the cost of chemical analysis of e<strong>at</strong>ables provided <strong>for</strong>consumption in the <strong>Canteen</strong> or office, such examin<strong>at</strong>ion be considered necessary by theCompany.41. CATERERS TO INDEMNIFY COMPANY & PAY LIQUIDATED DAMAGES:1. The C<strong>at</strong>erers agree to indemnify the Company against any such loss or damage causedby breach of any of the term or condition of this agreement.2. If the C<strong>at</strong>erers fail to per<strong>for</strong>m any of their oblig<strong>at</strong>ions under this agreement on any dayor <strong>at</strong> any time repudi<strong>at</strong>es the agreement during the agreement period the Companymay without prejudice to any other right or remedy available to the Company.a. Recover from the c<strong>at</strong>erers as ascertained and agreed liquid<strong>at</strong>ed damages @½% of thecontract/purchase order per week or part thereof <strong>for</strong> delay in supplies subject to amaximum ceiling of 5% of Purchase order/contract value and /orb. Arrange <strong>for</strong> the work or part of the work in default by the C<strong>at</strong>erers to be carried outthrough other C<strong>at</strong>erers <strong>at</strong> the costs & risks of the C<strong>at</strong>erers. Such decision of theCompany being final and binding on the C<strong>at</strong>erers.3. This notice shall be interpreted in accordance with the laws of India and in case of anydispute on interpret<strong>at</strong>ion; the m<strong>at</strong>ter shall be referred to the Head(HR) of OMPL, whosedecision shall be final and binding on all parties.4. No court other than those in <strong>Mangalore</strong> shall have jurisdiction on any m<strong>at</strong>ter, issue ordispute arising out of or in rel<strong>at</strong>ion to this notice or any applic<strong>at</strong>ion made there under.Page 65 of 74

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