tender document for supply, installation, testing and commissioning ...

-23-24.0 Penalty for Delay24.1 If the contractor shall fail to achieve completion of the works within thespecified time, then the contractor shall pay to the IKIWL the sum at the rate of0.5%(half percent) of the total value of work done under the contract, as apenalty, for every week or part of the week which shall elapse, between the timeprescribed & the date of certified completion of the work. The IKIWL maywithout prejudice to any other method of recovery, deduct the amount of suchpenalty from any payment in its hands, due or which may become due to thecontractor. The payment or deduction of such penalty shall not relieve thecontractor from obligations to complete the works, or from any other of hisobligations and liabilities under the contract.24.2 The aggregate maximum of the penalty for delay payable to the IKIWL underthis clause shall be subject to a maximum of 5% of the total value of work.24.3 The criteria for deriving the penalty for delay shall be the actual value of worksexecuted and the amended time of completion.24.4 Any incremental taxes and levies due to the delay in the performance of thecontract by the contractor shall be to the contractor’s account.25. Termination for default25.1 The IKIWL may, without prejudice to any other remedy for breach of contract,by written notice of default sent to the contractor, terminate the contract inwhole or in part,(a) If the contractor fails to delivery an or all the goods within the time period(s)specified in the contract, or any extension thereof granted by the IKIWLpursuant to clause 17,21 & 22;Or(b) If the contractor fails to perform any other obligation(s) under the contract.25.2 In the event the IKIWL terminates the contract in whole or in part, pursuant toPara. 25.1, the IKIWL may procure, upon such terms and in such manner, as itdeems appropriate, goods similar to those undelivered, and the contractor shallbe liable to the IKIWL for any excess costs for such similar goods. However,the contractor shall continue performance of the contract to the extent notterminated.25.3 Consequent to such termination of contract, the IKIWL shall recover theadvance paid, if any, to the contractor along with interest @ 18% per annum.26. Force Majeure26.1 Not withstanding the provisions of clauses hereof, the contractor shall not beliable for forfeiture of its performance security, liquidated damages ortermination for default, if and to the extend that, its delay in performance or thefailure to perform its obligation under the contract is the result of an event offorce majeure.IKIWLSignature of Bidder