Pipelaying Tender-VOL I - WorleyParsons.com

not carried out work according to guidelines laid down in the tender document, immediaterectifications shall be taken up at no extra cost; and also if any recoveries against some items arepointed out therein, the same shall be recovered from CONTRACTOR's RA bills/final bill. Theitems under dispute shall not be paid in full till the job is completed to satisfaction of the inspectionagency.15.0 Liability Clause - Government of India Not LiableIt is expressly understood and agreed by and between Bidder and M/s Hindustan PetroleumCorporation Limited, (Indian Public Sector Undertaking) that M/s Hindustan PetroleumCorporation Limited is entering into this agreement solely on its own behalf and not on behalf ofany other person or entity. In particular, it is expressly understood and agreed that theGovernment of India is not a party to this agreement and has no liabilities, obligations or rightshereunder. It is expressly understood and agreed that M/s Hindustan Petroleum CorporationLimited is an independent legal entity with power and authority to enter into contracts solely on itsown behalf under the applicable Laws of India and general principles of Contract Law. The Bidderexpressly agrees, acknowledges and understands that M/s Hindustan Petroleum CorporationLimited. is not an agent, representative or delegate of the Government of India. It is furtherunderstood and agreed that the Government of India is not and shall not be liable for any acts,omissions, commissions, breaches or other wrongs arising out of the contract. Accordingly Bidderhereby expressly waives, releases and foregoes any and all actions or claims, including crossclaims, impleader claims or counter claims against the Government of India arising out of thiscontract and covenants not to sue to Government of India as to any manner, claim, cause ofaction or thing whatsoever arising of or under this agreement.16.0 Arbitration: Public Sector vs Government Dept. vice versaIn clause no. 14 of GTC for Work, the following clause is Appended:"In the event of any dispute or difference between the parties hereto, such dispute or differenceshall be resolved amicably by mutual consultation or through the good offices of empoweredagencies of the Government. If such resolution is not possible, then, the unresolved dispute ordifference shall be referred to arbitration of an arbitrator to be nominated bySecretary,Department of Legal Affairs ("Law Secretary"). The Arbitration & Conciliation Act,1996) shall not be applicable to the Arbitration under this clause. The award of the arbitratorshall be binding upon the parties to the dispute, provided, however, that any party aggrieved bysuch award may appeal for setting aside or revision of the award to Law Secretary whose decisionshall bind the parties finally and conclusively. The said appeal should be filed within the periodspecified in the award of the arbitrator."It is essential that, to avoid delay in nomination of arbitrator or initiation of arbitration proceeding,the Arbitration Clause or Agreement, as the case may be, is forwarded without fail at the time ofmaking request for reference to the Law Secretary or Department of Legal Affairs.MH2145-C000-PS-RFQ-0020Page 122 of 334