Change In Civil Works Merchant Sample Clauses

Change In Civil Works Merchant. 6.1 The Civil Works Merchant understands, agrees, confirms and acknowledges that in scenarios wherein the Civil Works Merchant is changed during the term of the Civil Project, for reasons as mentioned below, then in such scenario, the old Civil Works Merchant’s entitlement shall be determined on a pro rata basis in relation to the percentage of work completed, and the remittance to the Civil Works Merchant shall be undertaken accordingly. The prior Civil Works Merchant shall be liable to service all the Customer claims in relation to the work completed by such Civil Works Merchant. 6.2 The Civil Works Merchant agrees that the following are the reasons or basis on which a Civil Works Merchant may be changed during the Civil Project by the Customer and/or Service Provider: (i) the quality of civil work being unsatisfactory in the opinion of the Service Provider and/or the Customer; or (ii) repeated delays in the completion of the Civil Project; or (iii) on request of the Customer but solely at the discretion of the service provider, in the manner mentioned under the Service Agreement; or (iv) on discretion of the Service Provider for any reason whatsoever. 6.3 The new Civil Works Merchant shall ensure that it has taken complete handover of the Civil Project from the old Civil Works Merchant and shall be responsible to complete such Civil Project as per the BOQ and other terms as finalized between the Customer and the old Civil Works Merchant including but not limited to the Project Value, timelines etc. 6.4 The old and new Civil Works Merchant agree that the Service Provider shall only facilitate the handover process. The old and new Civil Works Merchant shall not have any recourse against the Service Provider in case of any shortcomings, or improper handover. 6.5 The Civil Works Merchant shall be provided a written intimation letter regarding such change along with reasons thereof. 6.6 The Civil Works Merchant does not have the voluntary right to back-out from a Civil Project or terminate the service agreement, once accepted.
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