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

5. No claim of any alleged loss, costs, expenses or damages shall be entertained for nonreceipt of application(s), rejection or cancellation of the entire or part of this notice orthe tendering process, or for any like reasons whatsoever.42. TERMINATION OF CONTRACT:1. This contract can be terminated (Pre Closure) by either Party giving a notice of itsintention to do so to the other by giving a notice of 3 months before the intended dateof such termination. However, in case it is required OMPL reserves the right to cancel orterminate the contract without notice and without any liability on this account. Thecontractor, by accepting the contract implied to have accepted and understood fullimplication of this condition and waived all liability except the dues as per actual workexecuted. OMPL, however, shall endeavor to provide adequate notice in normalcircumstances but this does not form a condition based on which the contract is placed.2. The Company reserves the right to terminate the agreement on one month’s noticewithout assigning any reason. On termination of the agreement, the Caterers will maketheir own arrangements for disposal of the left over material etc. belonging to them.3. In case of major industrial relations problem due to the Caterers / their staff,threatening to disrupt / disrupting company’s operations, the contract will be terminatedwithin 48 hours and the Caterers to vacate premises within the time frame and facilitatenew agency to take over canteen operations.4. In the event the contract stand terminated on the expiration of the period of suchnotice, the Caterers shall continue to work as per terms & conditions of this Contractduring the said notice period.5. The Company shall be entitled to terminate the agreement if –a) Without assigning any reasons once the Company is of opinion that services are no morerequired,b) The Caterers commit a breach of any of the terms & conditions of the agreement, or inthe Company’s opinion (which shall be final and binding on the parties), the Caterers arenot implementing the agreement to the Company’s satisfaction.c) The Caterer’s organization is wound up or any distress, execution or other process shallbe levied upon the Caterers or a receiver is appointed in respect of any property of theCaterers.d) In case of discontinuation of canteen services by the Caterers without notice or theCompany on account of the Caterers not providing satisfactory services, terminates thecontract the security shall be liable to be forfeited without reference / notice to theCaterers.e) Successful Bidder shall be required to mobilise complete equipment if any along withcrew for commencement of services at the specified site with 15 days of issue of LOA byOMPL. If the successful Bidder fails to mobilise as above, OMPL shall have, withoutprejudice to any other clause of Contract, the right to terminate the Contract.43. FORCE MAJEURE:1. In the event of either party being rendered unable by force majeure to perform anyobligations (other than payment of money) require to be performed by them under thisagreement, the relative obligations of the party affected by such force majeure shallupon notification to the other party be suspended for the period during which such causelasts.Page 66 of 74