BANGLADESH POWER DEVELOPMENT BOARD TENDER ... - BPDB

of Technical information Clause or Limitation of Liability Clause above or the Lawand Arbitration Clause.10.7 If as a consequence of force majeure and under the law governing the Contract,the LTSA provider is released to perform the Contract. The sum payable by theProcuring entity to the LTSA provider shall be as stated in 10.6.11. TERMINATION BY THE PROCURING ENTITY11.1 The Procuring entity may by giving 30 days notice be entitled to terminate thecontract for LTSA provider's default in the following cases:The LTSA provider repeatedly neglects to perform his Contractual obligations andfail to comply within a reasonable time with the Procuring entity notice to makegood such neglects, orThe LTSA provider becomes bankrupt, orThe LTSA provider assigns the whole of work of the Contract to sub-LTSAprovider s without the employer's consent.11.2 In case of termination (Art. 11.1) by the Procuring entity, the LTSA provider shallnot be paid further. The Contract value of the services which have already beendelivered or performed and the costs incurred by the LTSA provider up to the dateof notice of termination against which payment has been made by BPDB shall berealized / recovered.12. TERMINATION BY THE LTSA provider12.1 The LTSA provider may by giving 30 (Thirty) days notice be entitled to suspendand / or terminate the Contract when the Procuring entity is :- Failing to pay the LTSA provider in due time.- Failure to meet his contractual obligations.- Becoming bankrupt or insolvent.12.2 In case of termination by the LTSA provider. the Procuring entity shall pay to theLTSA provider an amulet calculated as below:The LTSA provider shall be entitled to receive12.2.1 The outstanding balance of the Contract value of the services which havebeen delivered or performed and those goods which have been shippedfor delivery, and12.2.2 The costs incurred by the LTSA provider up to the date of notice oftermination in performing services which are not then in a deliverablestate plus a reasonable margin to be agreed between the partiesTermination of the Contract in whole or in part however occasioned shall notaffect or prejudice the provisions of the clause, the Ownership and Confidentialityof Technical information Clause or Limitation of Liability Clause above or the Lawand Arbitration Clause.Ghorasal 200 MW to 300 MW Gas Turbine Peaking Power Plant Project (Vol-2 of 3)219