T000001857_FileName_Borkhedi CF Tender ... - Bharat Petroleum

22. Duration of the agreement shall be for three years w.e.f 01.10.2009 to30.09.2012 with a provision to extend by another two years at the discretion ofBPCL.23. The Operator shall keep the warehouse open on all days of the week exceptnominated weekly holiday of BPCL. The Warehouse will be normally kept openbetween 0830 hrs to 1730 hrs with maximum ½ hour lunch break. Subject toexigencies of work and statutory rules permitting, the warehouse will be kept openeven beyond above time / days particularly for receiving the product and forexecuting urgent supplies without any additional charges thereof.24. BPCL reserves the right to terminate the contract by giving one month‟s noticeand in such an event, the Operator shall be bound to hand over BPCL‟s products,records, stationery, and other facilities back to BPCL as per time frame fixed by TMLubes. However BPCL also reserves the right to terminate the contract withoutany notice to that effect, in the event of any conduct by C&F Operator which iscontrary to the interest / policies of BPCL or in the following circumstances.a) If the Operator is found negligent or incapable of carrying out the workcontemplated in this agreement.b) If the Operator is found guilty of breach of any of the covenants, conditionsand stipulation on his part contained in this Agreement.c) If the Operator will commit or suffer to commit any act which , in the opinion ofRegional Manager (Lubes) of BPCL by whatever name called, is in violation of anyof the condition contained in this Agreement or is prejudicial to the interest or goodwill of BPCL or their products or brand.d) If the C&F operator‟s firm, its' proprietor or any partner is adjudicated insolventor become bankrupt or goes into liquidation whether voluntary or otherwise.e) If attachment in execution of a decree is passed against the C&F, its proprietoror any of it‟s' partners.f) If road permits or statutory licenses / permissions granted to C&F firm or anystatutory authorities‟ licences are cancelled or revoked.g) If any of the information submitted by the C&F operator in the tender is foundincorrect at any time.h) Breach of any of the terms or conditions of this Agreement by the C&F.i) If the C&F operator causes disruption in supply of packed lubricants products.The decision of Company will be final and binding on the C&F.j) On the death or retirement of proprietor or any of the partners of the C&F firm.However, in case, Company does not exercise this option, the Agreement shallcontinue as between the Company and surviving / continuing partners of theCarrier. The legal representatives of the deceased partner or the retiring partnerPage 44 of 60