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Tender for Catering Services - NPTI

Tender for Catering Services - NPTI

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8. In the event of the Supplier failing to fulfill the commitment or committing any breach of any ofthe terms and conditions of this contract; or if the Supplier or his employees are guilty offraud in respect of the contract or any other contract entered into by the Supplier or any ofhis partners or representatives thereof with the Purchaser; or if the Supplier or his agentsor employees attempt to or direct or indulge in giving, promising or offering any bribes,gratuity, gift, loan perquisite, reward or advantages pecuniary or otherwise to any personin the employment of the Purchaser in any way relating to such officers or person orpersons, office or employment; or if the Supplier or any of his partner become insolvent orapplies <strong>for</strong> relief as insolvent debtor or commence any insolvency proceedings or makesany composition with his/their creditors or attempts to do so; or if at any time during thependency of the contract, it comes to the notice of the Purchaser, that the Supplier has misled itby giving false/incorrect info, then without prejudice to the Purchaser’s right and remediesotherwise, Purchaser, shall be entitled to terminate this contract <strong>for</strong>thwith, encash the bankguarantee and to blacklist the Supplier and purchase or procure or arrange otherwise at theSupplier’s risk and at the absolute discretion of the Purchaser, as regards the manner, place andtime of such purchases. The cost of such supplies, together with all incidental charges orexpenses, shall be recoverable from the Supplier on demand.9. In any question, difference or objection whatsoever that may arise in any way connectedwith or arising out of this instrument or the meaning or operation of any part thereof, or therights, duties or liabilities of either party, then, save in so far as the decision of any suchmatter as hereinbe<strong>for</strong>e provided <strong>for</strong> and has been so decided, every such matter includingwhether its decision has been otherwise provided <strong>for</strong> and/or whether it has been finallydecided accordingly or whether the contract should be terminated or has been rightly terminatedin whole or part and as regard the rights and obligations of the parties as the result of suchtermination, shall be decided by the Purchaser and the decision shall be final and binding on theSupplier.10. The Supplier will be responsible <strong>for</strong> the conduct of all workers deployed <strong>for</strong> the work and willbe legally liable <strong>for</strong> any harm or loss arising to any person whomsoever, in whatever <strong>for</strong>m, fromany misconduct or any act of negligence, omission or commission, whether intentional orotherwise, of the Supplier or any of the workers / subcontractors / agents / any othersdeployed by the Supplier in the course of providing any services stated in this contract, andwill bear full responsibility and cost of the same. The Purchaser will not be liable <strong>for</strong> anyloss or harm to any person within or outside the <strong>NPTI</strong> campus from any act of omission orcommission of any of the workers / subcontractors / agents / any others deployed by theSupplier in the course of providing any services stated in this contract.11. The Purchaser shall not be liable <strong>for</strong> any compensation, claim or damages etc. due to anyaccident, injury or harm to any person deployed by the Supplier or death due to accident orotherwise, which may arise out of any circumstances related or unrelated with their dutiesat <strong>NPTI</strong>. The Purchaser shall be indemnified by the Supplier <strong>for</strong> al such claims.12. Without prejudice to the preceding term of contract, the Supplier will be liable to reimburse thePurchaser of any cost or legal liability / penalty / fine imposed on the Purchaser by anyauthority, because of any misconduct or any act of omission or commission, whether intentionalor otherwise, of the Supplier or any of the workers / subcontractors / agents / any othersdeployed by the Supplier in the course of providing any services stated in this contract13. After the award of contract, the Supplier shall be on trial <strong>for</strong> two months, subject to<strong>for</strong>tnightly review of per<strong>for</strong>mance, and the continuance of the contract <strong>for</strong> the remaining periodshall be subject to the satisfactory per<strong>for</strong>mance during the trial period.14. The Supplier shall be solely responsible <strong>for</strong> compliance with all statutorylaws/rules/regulations such as those concerning PF, ESI, Labour laws, Minimum wages,13

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