Construction of the Contract. 5.1 We declare that we have studied Clause GCC 2.1 relating to mode of contracting for Domestic Bidders and we are making this proposal with a stipulation that you shall award us two separate Contracts viz ‘First Contract’ for supply of all equipment and materials including mandatory spares and ‘Second Contract’ for providing all the services i.e. inland transportation for delivery at site, insurance, unloading, storage, handling at site, installation, testing and commissioning including Trial operation in respect of all the equipment supplied under the ‘First Contract’ and other services specified in the Contract Documents. We declare that the award of two contracts, will not, in any way, dilute our responsibility for successful operation of plant/equipment and fulfillment of all obligations as per Bidding Documents and that both the Contracts will have a cross-fall breach clause i.e. a breach in one Contract will automatically be classified as a breach of the other contract which will confer on you the right to terminate the other contract at our risk and cost.
Construction of the Contract. In case owner hands over his equipment to the contractor for executing, then the contractor shall at the time of taking delivery of the equipment/ despatch documents be required to execute an indemnity bond in favour of the owner in the form acceptable to the owner for keeping the equipment in safe custody and to utilize the same exclusively for the purposes of the said contract. The contract shall in all respects be construed and governed accordingly to Indian Laws.
Construction of the Contract. Scope of introductory article. The provisions of any introductory article or heading to the Contract are intended to be a general introduction and are not intended to expand the scope of the Parties’ obligations under the Contract or to alter the plain meaning of the terms of the Contract.
Construction of the Contract. (a) Scope of Introductory Article. The provisions of any introductory article to the Contract are intended to be a general introduction and are not intended to expand the scope of the Parties’ obligations under the Contract or to alter the plain meaning of the terms of the Contract.
(b) References to the “State.” References in the Contract to the “state” mean the State of Texas unless otherwise specifically indicated and will be interpreted, as appropriate, to mean or include HHSC and other agencies of the State of Texas that may participate in the administration of the Program, provided, however, that no provision will be interpreted to include any entity other than HHSC as the contracting agency.
Construction of the Contract. 1. If any individual term of this contract is or becomes fully or partly ineffective or void, the effectiveness of the rest of the contract shall remain unaffected. The parties to the contract undertake to replace any such ineffective or void term. The replacement term should reflect the legal and above all commercial inten- tion of the parties as closely as possible.
2. In the event that terms of this contract must be construed and/or supplemen- xxx, this should be done having the greatest possible regard for the purpose and content of the contract. The presumed intention of the parties, had they discovered the need for construction and/or supplementing, should also be considered. The same is to apply to matters on which the contract is silent.
Construction of the Contract. 11.7.16.1 Amend clause 4.5.1.5 by deleting the words “whether” and “or otherwise, then adding the following words at the end of the clause: “The parties agree that the U.N. Convention on Contracts for the International Sale of Goods (CISG) will not apply to this agreement.”
Construction of the Contract. 2 Section 1.05 No implied authority...................................................................................................................3
Construction of the Contract. 2.01 We declare that we are making the offer on the basis of indivisible supply-cum- Erection contract on a single source responsibility basis.
Construction of the Contract. 5.1 We declare that we have studied Clause GCC 2.1 relating to mode of contracting for Domestic Bidders and we are making this proposal with a stipulation that you shall award us one Turnkey Contract with two distinct parts viz ‘Supply Part’ for supply of all equipment and materials including mandatory spares and ‘Erection Part’ for providing all the services i.e. inland transportation for delivery at site, insurance, unloading, storage, handling at site, installation, testing and commissioning including Trial operation in respect of all the equipment supplied under the ‘Supply Part’ and other services specified in the Contract Documents. We declare that the award of the contract with two distinct parts, will not, in any way, dilute our responsibility for successful operation of plant/equipment and fulfilment of all obligations as per Bidding Documents and that both parts of the Contract will have a cross-fall breach clause i.e. a breach in one part will automatically be classified as a breach of the other part which will confer on you the right to terminate the contract at our risk and cost.
Construction of the Contract. 7.1 Notwithstanding anything stated elsewhere in the bid documents, the contract to be entered into will be treated as a divisible supply and erection contract. Award shall be placed on the successful bidder as follows:
