KIOCL Limited. - The Kudremukh Iron Ore Company Limited

ii.though so intended or provided for, is ordered by ENGINEER to be carried out by an independentagency at any place and if the test results establish that the material/ workmanship conform to theContract Specifications.In all cases, the decision of the Engineer in this regard shall be final, binding and conclusive on theParties.E. Prior to the completion of the work by CONTRACTOR and the acceptance thereof by ENGINEER/OWNER,the work shall remain under the custody and care of and at the risk of CONTRACTOR and CONTRACTORshall be responsible for all loss and damage to the Work and equipment in the CONTRACTOR‟s care andcustody and shall repair, renew and make good at his own expense, all such loss and damage howevercaused including theft, pilferage etc.F. CONTRACTOR shall repair, restore and replace at his own cost any other work or any personal property(including, but not limited to, tools and equipment) belonging to OWNER, which CONTRACTOR or his subcontractorsor suppliers or their respective employees or invitees, may damage or destroy while on theProject.G. CONTRACTOR shall co-operate with ENGINEER/OWNER for ensuring the performance of the Work and inthe preparation of all documents and reports necessary and advisable for such purposes.H. CONTRACTOR shall co-ordinate the work of his sub-contractors and his material suppliers and inscheduling of materials so that the construction and completion of the work will progress smoothly,expeditiously and economically.I. All materials and workmanship supplied by CONTRACTOR shall conform to the CONTRACT including anySpecifications, Drawings or other documents and shall be so delivered, stored and handled byCONTRACTOR as to prevent any loss, damage, adultration, deterioration or avoidable wastage.J.1. CONTRACTOR shall, at any time during progress of the work or within the Period of maintenance uponwritten notice from ENGINEER/OWNER to do so, proceed to remove from the site all materials andstructures determined by ENGINEER/OWNER to be defective, deficient or otherwise unsatisfactory,whether assembled or not and dismantle all parts of the work which shall stand rejected as unsound,improper, unsatisfactory or which in any way fail to conform to the requirements of this Contract andreplace all such work, materials and/or structures at his cost in time periods stipulated by theOWNER/ENGINEER.2. The cost and risk of such removal and replacement shall be borne solely by CONTRACTOR. IfCONTRACTOR does not remove and replace such rejected / condemned work, materials andstructures with in a reasonable time as specified in OWNER/ENGINEERS‟s written notice, OWNERmay remove or have the same removed and replace the same and charge the cost thereof toCONTRACTOR, who will continue to bear the risk thereof.3. Further more, if any applicable law, ordinance, statute or regulation creates a more extended liability forfaulty materials, structures or workmanship, then the provisions of such law ordinance, statute orregulation shall apply to the Contractor/Sub-contractor in the same manner and the same extent, asapplicable to the OWNER, as a part of contractor‟s obligations under the Contract.K. All equipment operated by CONTRACTOR for the work shall be of such type, standard & quality and shallbe operated, inspected, serviced, maintained and equipped with spares in such a manner, as to ensureeffective and smooth operation with a minimum of down time acceptable to ENGINEER / OWNER whosedecision in this regard shall be final and binding upon and conclusive on the Parties. If any piece ofEquipment fails to meet the aforesaid requirement, CONTRACTOR shall at his sole expense and using hisown resources replace it with appropriate equipment. The Contractor shall have no claim whatsoever for anyadditional compensation owing to this replacement.L. Any work not specifically mentioned but that may reasonably be inferred from the Specifications, ContractDrawings or other documents as being required to produce the intended result shall be performed andcompleted by the CONTRACTOR without raising any claim or demanding any additional renumeration.M. If by reason of any emergency, accident or failure or other event occurring in or in connection with the workor any part thereof either during the execution of the work or during the period of maintenance, any remedial42