DELHI TRANSCO LIMITED

8 (Functional Guarantees) to the Contract Agreement, subject to and uponthe conditions therein specified.28.2 If, for reasons attributable to the Contractor, the minimum level of theFunctional Guarantees specified in Appendix 8 (Functional Guarantees) tothe Contract Agreement are not met either in whole or in part, the Contractorshall at its cost and expense make such changes, modifications an/oradditions to the Plant or any part thereof as may be necessary to meet at leastthe minimum level of such Guarantees. The Contractor shall notify theEmployer upon completion of the necessary changes, modifications and/oradditions, and shall request the Employer to repeat the Guarantee Test untilthe minimum level of the Guarantees has been met. If the Contractoreventually fails to meet the minimum level of Functional Guarantees, theEmployer may consider termination of the Contract pursuant to CC Sub-Clause 42.2 and recover the payments already made to the Contractor.28.3 If, for reasons attributable to the Contractor, the Functional Guaranteesspecified in Appendix 8 (Functional Guarantees) to the Contract Agreementare not attained either in whole or in part, but the minimum level of theFunctional Guarantees specified in Appendix 8 (Functional Guarantees) tothe Contract Agreement is met, the Contractor shall, at the Employer'soption, either(a) make such changes, modifications and/or additions to the Facilities orany part thereof that are necessary to attain the Functional Guaranteesat its cost and expense within a mutually agreed time and shall requestthe Employer to repeat the Guarantee Test, or(b)pay liquidated damages to the Employer in respect of the failure tomeet the Functional Guarantees in accordance with the provisions inAppendix 8 (Functional Guarantees) to the Contract Agreement.28.4 In case the Employer exercises its option to accept the equipment after levyof liquidated damages, the payment of liquidated damages under CC subclause 28.3, upto the limitation of liability specified in the Appendix-8(Functional Guarantees) to the Contract Agreement, shall completely satisfythe Contractor’s guarantees under CC Sub clause 28.3, and the Contractorshall have not further liability whatsoever to the Employer in respectthereof. Upon the payment of such liquidated damages by the Contractor,the Project Manager shall issue the Operational Acceptance Certificate forthe Facilities or any part thereof in respect of which the liquidated damageshave been so paid.28.5 Functional Guarantees, Liquidated Damages for Non-Performance28.5.1 The bidder shall guarantee that the equipment offered shall meet the ratingand performance requirements stipulated for various equipment covered inthis specification. The bidder shall also furnish a declaration in the manner_____________________________________________________________________T. No. DTL/DGM(T)SSC-II/GPL/09-10/GIS/GT-02Page 99 of 566