Common use of Arbitration Clause Clause in Contracts

Arbitration Clause. Except as otherwise provided in this contract all question and dispute relating to the meaning of the specification, designs, drawings and instruction herein before mentioned as to thing whatsoever in any way arising out of or relating to the contract designs, drawings, specification, estimate, concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work, or a after the abandonment there of shall be referred to the Commissioner/CMO for his decision, within a period of 30 (thirty) days of such an occurrence (s). There upon the Commissioner/CMO shall give his written instructions and/or decisions, after hearing the contractor and Engineer-in-Charge within a period of 15 (fifteen) days of such request. This period can be extended by mutual consent of parties. LUMP SUM IN ESTIMATE: Clause 29 - When the estimate on which a tender is made includes lump sums in respect of part of the works, the contractor shall be entitled to payment in respect of the items of work involved or the part of the work in the question at the same rates as are payable under this contract for such items, or if the part of the work in question is not, in the opinion of the Commissioner/CMO, capable of measurement, the Commissioner/CMO may at the his discretion pay the lump sum amount entered in the estimates , and the certificate in writing of the Commissioner/CMO shall be final and conclusive against the contractor with regard to any sum or sums payable to him under the provisions of this clause. Action where no specification: Clause 30 - In the case of any class of work for which there is no specification as is mentioned in Rule such work shall be carried out in accordance with the specification approved by Competent Authority for application to. Contractor’s Percentage whether Applied to Net or Gross Amounts of Bills: Clause 31 - The percentage referred to at Para 7 of the tender will be deducted from/added to the gross amount of the bills for work done after deduction of the cost of materials supplied by the Nagar Xxxxx/Nagar Palika/Nagar Panchayat. Claim for Quantities Entered in the Tender or Estimate: Clause 32 - Quantities shown in the tender are approximate and no claim shall be entertained for quantities of work executed being either more or less than those entered in the tender of estimate. This is subject to the limitations as provided for in clause 13 and 14 above Claim for Compensation for Delay In Starting the Work: Clause 33 No compensation shall be allowed for any delay caused, except as provided under clause 5.3, in starting of the work on any other ground or reasons whatsoever.

Arbitration Clause. Except as where otherwise provided in this the contract all question aJII questions and dispute disputes relating to the meaning of the specificationspecifications, designsdesign, drawings and instruction instructions herein before mentioned men- tioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating relat- ing to the contract contract, designs, drawings, specificationspecifications, estimateestimates, instructions orders or these conditions or otherwise concerning the works, work or the execution or failure to execute the same, same whether arising during the progress of the work, work or a after the cancellation, termi- nation, completion or abandonment there thereof shall be dealt with as mentioned hereinafter: (I) Any dispute and items of disagreement arising between the APMCF shall be referred to the Commissioner/CMO for Chief General Manager or in his decisionabsence , within a period the General Manager of 30 concerned network of SBI (thirtythe bank) days and his decision on those matters will be final and binding on the & APMCF as well. (II) If any dispute, difference, or question shall at any time arise between the APMCF and SBI as to the interpretation of such an occurrence this agreements or concerning anything herein contained or arising out of this agreement except that state in (s). There upon 1) above or as to the Commissioner/CMO shall give his written instructions and/or decisionsrights , after hearing the contractor liabilities and Engineer-in-Charge within a period of 15 (fifteen) days of such request. This period can be extended by mutual consent of parties. LUMP SUM IN ESTIMATE: Clause 29 - When the estimate on which a tender is made includes lump sums in respect of part duties of the workssaid parties hereunder or as to the execution of the said works , the contractor shall be entitled to payment except in respect of the items of work involved or matters for which if is provided herein , that the part decision of the work in the question at employer is final and binding the same rates shall be referred to the arbitration and final decision of Ahmedabad based arbitrator to be agreed upon and appointed by both the parties on in case of disagreement as are payable under this contract for such itemsto the appointment of a single arbitrator , or if to be appointment of two arbitrators shall before taking upon themselves the part burden of reference , appoint and umpire. (i) For the purpose of appointing the ( Ahmedabad ) based sole arbitrator referred to above the appointing authority i.e. the Chief General Manager of SBI, Local Head Office, Ahmedabad, of the work in question is notbank or on his behalf the Asst. General Manager (Premises and Estate), in the opinion (SBI, Local Head Office, Ahmedabad) vviU send within thirty days of receipt by him of the Commissioner/CMOwritten notice aforesaid to the APMCF a panel of three names of persons who shall be pres- ently unconnected with the organization , capable for which the work executed. (ii) The APMCF shall on receipt by them of measurementthe names of aforesaid , select any one of the persons named to be appointed as a sole Arbitrator and communicate his name to the ap- pointing authority who shall thereupon without any delay appoint the said person as the sole Arbitrator. If the APMCF Fail to communicate such selective as provided above within the pe- riod specified, the Commissioner/CMO may at appointing authority shall make the his discretion pay selections and appoint the lump sum amount entered in selected person as the estimates , and the certificate in writing of the Commissioner/CMO shall be final and conclusive against the contractor with regard to any sum or sums payable to him under the provisions of this clause. Action where no specification: Clause 30 - In the case of any class of work for which there is no specification as is mentioned in Rule such work shall be carried out in accordance with the specification approved by Competent Authority for application to. Contractor’s Percentage whether Applied to Net or Gross Amounts of Bills: Clause 31 - The percentage referred to at Para 7 of the tender will be deducted from/added to the gross amount of the bills for work done after deduction of the cost of materials supplied by the Nagar Xxxxx/Nagar Palika/Nagar Panchayat. Claim for Quantities Entered in the Tender or Estimate: Clause 32 - Quantities shown in the tender are approximate and no claim shall be entertained for quantities of work executed being either more or less than those entered in the tender of estimate. This is subject to the limitations as provided for in clause 13 and 14 above Claim for Compensation for Delay In Starting the Work: Clause 33 No compensation shall be allowed for any delay caused, except as provided under clause 5.3, in starting of the work on any other ground or reasons whatsoeversole Arbitrator.