Government of Punjab Department of Revenue, Rehabiliation ...

27. Termination for Convenience27.1 The Purchaser, by written notice sent to the Supplier, may terminate the Contract, in whole orin part, at any time for its convenience. The notice of termination shall specify that terminationis for the Purchaser’s convenience, the extent to which performance of the Supplier under theContract is terminated and the date upon which such termination becomes effective.27.2 The Goods that are complete and ready for shipment on the day of Supplier’s receipt of noticeof termination shall be accepted by the Purchaser at the Contract terms and prices. For theremaining Goods, the Purchaser may elect:(a) To have any portion completed and delivered at the Contract terms and prices; and / or(b) To cancel the remainder and pay to the Supplier and agreed amount for partiallycompleted Goods and for materials and parts previously procured by the Supplier.28. Settlement of Disputes28.1 The Purchaser and the supplier shall make every effort to resolve amicably by direct informalnegotiation any disagreement or dispute arising between them under or in connection with theContract.28.2 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by suchmutual consultation, then either the Purchase or the Supplier may give notice to the otherparty of its intention to commence arbitration, as hereinafter provided, as to the matter indispute, and no arbitration in respect of this matter may be commenced unless such notice isgiven.28.2.1 Any dispute or difference in respect of which a notice of intention to commencearbitration has been given in accordance with this Clause shall be finally settled buyarbitration. Arbitration may be commenced prior to or after delivery of the Goodsunder the Contract.28.2.2 Arbitration proceedings shall be conducted in accordance with the rules of procedurespecified.28.1 Notwithstanding any reference to arbitration herein the parties shall continue to perform theirrespective obligations under the Contract unless they otherwise agree. and28.3 The dispute resolution mechanism to be applied pursuant to GCC Clause 28.2.2 shall be asfollows:(a)(b)(c)29. Limitation of LiabilityIn case of Dispute or difference arising between the Purchaser and supplier relating toany matter arising out of or connected with this agreement, such disputes ordifference shall be settled in accordance with the Arbitration and Conciliation Act,1996. The arbitral tribunal shall consist of 3 arbitrators one each to be appointed bythe Purchaser and the Supplier. The third Arbitrator shall be appointed by Department ofRevenue, Rehabilitation and Disaster Management, Government of Punjab who shallact as presiding arbitratorArbitration proceedings shall be held at Jalandhar, Punjab, India, and the language ofthe arbitration proceedings and that of all documents and communications betweenthe parties may be English/ Hindi/Punjabi as mutually agreed.The decision of the majority of arbitrators shall be final and binding upon both parties.The cost and expenses of Arbitration proceedings will be paid as determined by thearbitral tribunal. However, the expenses incurred by each party in connection with thepreparation, presentation, etc. of its proceedings as also the fees and expenses paidto the arbitrator appointed by such party or on its behalf shall be borne by each partyitself.Except in cases of criminal negligence or willful misconduct, and in the case of infringementpursuant to Clause 6,Page 20 of 45