T000001857_FileName_Borkhedi CF Tender ... - Bharat Petroleum

30. In the event the Arbitrator being unable or refusing to act for any reasonwhatsoever, then Director (Marketing) of BPCL shall designate another person toact as an Arbitrator in accordance with the terms of the said Agreement. TheArbitrator newly appointed shall be entitled to proceed with the reference from thepoint at which it was left by his predecessor. The Award shall be made in writingand published by the Arbitrator within two years after entering upon the reference.The language of the proceedings will be English and the place of proceedings willbe Mumbai.The parties hereby agree that the Courts in the city of Mumbai alone shall havejurisdiction to entertain any application or other proceedings in respect of anythingarising under this Agreement and any Award or Awards made by the SoleArbitrator hereunder shall be filed in the concerned Courts in the City of Mumbaialone.31. FORCE MAJEURE CLAUSEIf at any time during the continuance of the this Agreement, the performance inwhole or part by either party of any obligation under the this Agreement Order shallbe prevented or delayed by reason of any war, hostility, act of public enmity, civilcommotion, sabotage, fires, floods, explosions epidemics, quarantine restrictions,strikes, lockouts or Acts of God (hereinafter referred as event), then providednotice of happening of any such event is given by either party to the other withintwenty one days from the date of occurrences thereof, neither party shall byreasons of such event be entitled to terminate this contract nor shall either partyhave any claim for damage against the other in respect of such non-performance.Deliveries under this Agreement Order shall be resumed as soon as practicableafter such event has come to an end or ceased to exist and decision of HeadLubes SBU, Bharat Petroleum Corporation Ltd., as to whether the deliveries havebeen so resumed or not, shall be final and conclusive. Provided further that theperformance in whole or part of any obligation under the contract isprevented/delayed by reason of any such event specified above for periodexceeding sixty days, either party may at their option terminate this Agreement.The performance of the respective obligations of the parties under this Agreementshall be resumed as soon such calamities, which have resulted in the nonperformance,cease to occur.32. JURISDICTION: The parties hereby agree that the courts in the city ofMumbai/Chennai/Delhi/Kolkata (as applicable) alone shall have jurisdiction toentertain any application or other proceedings in respect of anything arising underthis agreement and any award or awards made by the Sole Arbitrator hereundershall be filed in the concerned courts in the city of Mumbai/Chennai/Delhi/Kolkata(as applicable) only.33. DUPLICATION OF CLAUSE:Whenever there is duplication of clause either in the terms and conditions or in theAgreement, the clause, which is beneficial to BPCL, will be considered applicableat the time of any dispute.34. This agreement sets forth the entire agreement and understanding between theparties to the subject matter and neither party shall be bound by any condition orPage 46 of 60