TECHNICAL BID - Bharat Petroleum

(b) The Carrier should strictly adhere to the “Industry Transport Discipline Guidelines” as enumerated inAnnexure I to this Agreement.13(a) The Carrier shall not be entitled to assign, subrogate, sublet or part with it's right, title and interestunder this Agreement for any reason whatsoever, or change the ownership of / their right on thetank-lorries.(b) The Carrier shall not cause or allow any change in the constitution of its firm without obtaining theprevious written consent of the Company.14. Neither party to this Agreement shall be liable for the non-performance of any of its obligationsunder this Agreement so far as such non-performance is occasioned by conditions of the forcemajeure. The Force Majeure means natural calamities like floods, earthquake and other acts of Godand riots, etc.The affected party shall give the notice of occurrence of any such calamities within a period of 24hours of occurrence of such calamities. The performance of the respective obligations of the partiesunder this Agreement shall be resumed as soon such calamities, which have resulted in the nonperformance,cease to occur.15. This Agreement would be valid for period of two years from the effective date as given in the LOI /Work Order with option at the sole discretion of Company to extend the same up to one year onsame terms and conditions. However, Company reserves the right to terminate this Agreement bygiving two months advance notice without being liable to give any reason or pay any compensation.Notwithstanding anything to the contrary contained hereinabove, Company reserves the right toterminate this Agreement forthwith upon or at any time after happening of any of the following -(a) If the Carrier, its' proprietor or any partner is adjudicated insolvent or become bankrupt or goes intoliquidation whether voluntary or otherwise.(b) If attachment in execution of a decree is passed against the Carrier, its proprietor or any of it’s'partners.(c) If road permits or statutory licenses / permissions granted to Carrier / it's tank-lorries by transport orany statutory authorities is cancelled or revoked.(d) If any of the information submitted by the Carrier in the tender is found incorrect at any time.(e)(f)(g)(h)(i)(j)Breach of any of the terms or conditions of this Agreement by the Carrier.If the Carrier commits or suffers to be committed any act which in the opinion of the Companywhose decision shall be final, is prejudicial to the good name / image of the Company or its’products or its services.If the Carrier causes disruption in transportation of bulk petroleum products. The decision ofCompany will be final and binding on the Carrier.On the death or retirement of proprietor or any of the partners of the Carrier firm. However, in case,Company does not exercise this option, the Agreement shall continue as between the Company andsurviving / continuing partners of the Carrier. The legal representatives of the deceased partner orthe retiring partner himself shall be liable for all the obligation of the carrier incurred up to the date ofdeath or retirement but shall not be entitled to claim from the company any portion of SecurityDeposit. Company shall account for Security Deposit to the surviving or continuing partners. Thedeath or retirement of any partners shall be notified by the Carriers to the Company in writing within24 hours of such death or retirement.If the crew of the carrier commits any unsafe act such as rash driving, accident, non adherence tosafety guidelines and not using safety/protective equipments etc. within or outside BPCL premises.If the Carrier, its proprietor or any partners or Tank lorry crew misbehaves (abuse/ threat/ assault/manhandles) with the consumers/Dealers or with the employee of the BPCL.16. All questions, disputes and differences arising under or in relation to this Agreement shall bereferred to the sole arbitration of the Director (Marketing) of the Company. If such Director(Marketing) is unable or unwilling to act as the sole arbitrator, the matter shall be referred to the solearbitration of some other officer of the Company by such Director (Marketing) in his place, who iswilling to act as such sole arbitrator. It is known to the parties herein that the Arbitrator appointedhereunder is an employee of the Company and may be Shareholder of the Company. The arbitratorto whom the matter is originally referred, whether the Director (Marketing) or officer, as the casemay be, on his being transferred or vacating his office or being unable to act, for any reason, theDirector (Marketing) shall designate any other person to act as arbitrator in accordance with theterms of the Agreement and such person shall be entitled to proceed with the reference from the27