DELHI TRANSCO LIMITED

services specified in the Contract Documents.Both contracts will contain a crossfall breach clause specifying that breach ofone will constitute breach of the other.In the case of successful foreign Bidder, the award shall be made as follows:(i)(ii)First Contract: For CIF supply of all offshore equipments andmaterials including mandatory spares.Second Contract: For Ex-Works supply of all equipments andmaterials including mandatory spares and(iii) Third Contract: For providing all services i.e. porthandling and custom clearance for the imported goods, further loadingand inland transportation for delivery at Site, unloading, storage,handling at Site, installation, testing and commissioning includingperformance testing in respect of all the equipmentsupplied under the First and Second Contracts andAll the three contracts will contain a crossfall breach clause specifying thatbreach of one will constitute breach of the others. The foreign bidder, however,has the option, to be exercised as a part of his bid proposal, to propos anAssignee to execute the Second and/or Third Contract.It is our understanding that as per extant provisions, Indian Income Tax is notpayable on sale of goods, if contract is on Principal-to-Principal basis and thetitle of goods passes to the Employer outside India as in the proposed FirstContract. The bidders are, however, advised to check the position from theirown sources.29.0 Employer's Right to Accept Any Bid and to Reject Any or All Bids29.1 The Employer reserves the right to accept or reject any bid, and to annul thebidding process and reject all bids at any time prior to award of contract,without thereby incurring any liability to the affected Bidder or bidders or anyobligation to inform the affected Bidder or bidders of the grounds for theEmployer's action. DELHI TRANSCO LIMITED reserves the right to waiveminor deviations if they do not materially affect the capability of the Bidder toperform the contract.”30.0 Notification of Award30.1 Prior to the expiration of the period of bid validity, the Employer will notifythe successful Bidder in writing by registered letter or by cable, to beconfirmed in writing by registered letter, that its bid has been accepted. The_____________________________________________________________________T. No. DTL/DGM(T)SSC-II/GPL/09-10/GIS/GT-02Page 36 of 566