bangladesh power development board tender document for ... - BPDB

of the Contractor, afford all available assistance for the purpose of contesting anysuch claim or action, and shall be repaid any expenses in so doing.The Board on his part warrants that any design or instructions furnished or givenby him will not be such as to cause the Contractor to infringe any letters patent,registered design, trademark, or copyright in the performance of the Contract.28.0 ARBITRATIONBefore bringing any action in court pertaining to a decision of the Engineer, theobjector (hereinafter referred to as party A) to the decision shall first offer toarbitrate the question with the other party to the Contract (hereinafter referred toas party B) by notifying him in writing and setting forth in such notice the questionto be arbitrated.Party B can elect to arbitrate or not. If party B agrees to arbitrate he shall soadvise does not wish to arbitrate or failure of party B to notify party A within thethirty(30) days period will give party A the right to start action in court.If party B agrees to arbitrate, the same shall be referred to arbitration and finaldetermination of a single arbitrator nominated by agreement between theContractor and the Board or, failing agreement, by and arbitrator appointed by thecourt of arbitration of the International Chamber of Commerce, 38, Cours Albert ler,Paris, France, or other International Agency mutually agreed upon by the Boardand the Contractor.The arbitrator if he shall desire it or if one of the parties to the dispute recommendsit shall have the assistance of a legal adviser. To any proceedings under thisClause the provisions of the Bangladesh Arbitration act of 2001 and itssubsequent amended time to time shall apply. The Work under this Contractshall, if reasonably possible, continue during the arbitration proceedings, and nopayment due to the Contractor shall be withheld on account of such proceedings.Reference to arbitration shall be a condition precedent to any other action of law.The venue of arbitration shall be at Dhaka.In any arbitration or litigation, the parties shall be at liberty to rely on reasons inaddition to those stated in any protests or objections.29.0 PROVISION FOR EMERGENCIESWhenever, in the opinion of the Engineer, the Contractor has not taken sufficientprecaution for the safety of the public or the protection of the Work under thisContract, or of adjacent structures or property which may be injured by processesof the Work on account of such neglect, and whenever, in the opinion of theEngineer, an emergency shall arise and immediate action shall be considerednecessary in order to protect public or private personal or property interests, thenthe Board, with or without notice to the Contractor, may provide Suitable protectionto the said interests by causing such work to be done and material to be furnishedand placed as the Board may consider necessary and adequate. The cost andexpense of such work and material so furnished shall be borne by the Contractor,and if the same shall not be paid on presentation of the bills therefore, such costsshall be deducted from any amounts due or to become due to the Contractor. The79