Contractor's care. of the Works The Contractor shall bear full risk in, and take full responsibility for, the care of the Works, and of the Materials, goods and equipment for incorporation therein, from the Appointed Date until the date of Completion Certificate, save and except to the extent that any such loss or damage shall have arisen from any wilful default or gross neglect of the Authority. 4.7 Electricity, water and other services The Contractor shall be responsible for procuring of all utilities as may be required, including without limitation, adequate power, water and other services. 4.8 Unforeseeable difficulties Except as otherwise stated in the Agreement: (a) the Contractor accepts complete responsibility for having foreseen all difficulties and costs of successfully completing the Works; (b) the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs; and (c) the Scheduled Completion Date shall not be adjusted to take account of any unforeseen difficulties or costs. 4.9 Co-ordination of the Works (i) The Contractor acknowledges that in addition to the Agreement, it is also aware of terms of the other Project contracts and other agreements the Authority has negotiated and entered into for performance of its obligations under the Agreement ( copies of other contracts and other agreements are made available to the Contractor from time to time) and that the Contractor is fully aware of the consequences to the Authority which would or are likely to result from a breach by the Contractor of its obligations under the Agreement. In the event the actions of the Contractor result in the breach by the Authority of any or all of the other Project contracts and such breachimposesanyliabilityontheAuthority,theContractorshall:(a)undertakeallsteps as may be possible to mitigate or neutralize the liability that has arisen, and (b) indemnify the Authority against any such liability and compensate the Authority to that extent. Contract AgreementPage 40 of 160 “Widening / Improvement to 4 (Four) Lane with Paved Shoulder configuration of existing single lane road from Srirampur (near Bhairiguri Village) to Kachukhana Harichara Paglagaunj (Package-I)
Appears in 1 contract
Samples: Draft Contract Agreement
Contractor's care. of the Works The Contractor shall bear full risk in, and take full responsibility for, the care of the Works, and of the Materials, goods and equipment for incorporation therein, from the Appointed Date until the date of Completion Certificate, save and except to the extent that any such loss or damage shall have arisen from any wilful default or gross neglect of the Authority. 4.7 Electricity, water and other services The Contractor shall be responsible for procuring of all utilities as may be required, including without limitation, adequate power, water and other services. 4.8 Unforeseeable difficulties Except as otherwise stated in the Agreement: (a) the Contractor accepts complete responsibility for having foreseen all difficulties and costs of successfully completing the Works; (b) the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs; and (c) the Scheduled Completion Date shall not be adjusted to take account of any unforeseen difficulties or costs. 4.9 Co-ordination of the Works (i) The Contractor acknowledges that in addition to the Agreement, it is also aware of terms of the other Project contracts and other agreements the Authority has negotiated and entered into for performance of its obligations under the Agreement ( copies of other contracts and other agreements are made available to the Contractor from time to time) and that the Contractor is fully aware of the consequences to the Authority which would or are likely to result from a breach by the Contractor of its obligations under the Agreement. In the event the actions of the Contractor result in the breach by the Authority of any or all of the other Project contracts and such breachimposesanyliabilityontheAuthority,theContractorshall:(a)undertakeallsteps breach imposes any liability on the Authority, the Contractor shall: (a) undertake all steps as may be possible to mitigate or neutralize the liability that has arisen, and (b) indemnify the Authority against any such liability and compensate the Authority to that extent. (ii) The Contractor shall be responsible for the co-ordination and proper provision of the Works, including co-ordination of other Contractors or Sub-contractors for the Project. The Contractor shall co-operate with the Authority in the co- ordination of Draft Contract AgreementPage 40 38 of 160 “Widening / Improvement to 4 145 Aug. 2020 the Works with the works under the other Project contracts. The Contractor shall provide all reasonable support for carrying out their work to: (Foura) Lane with Paved Shoulder configuration any other contractors employed by the Authority; (b) the workmen of existing single lane road from Srirampur the Authority; (c) the workmen of any Governmental Instrumentality who may be employed in the execution of work on or near Bhairiguri Villagethe Site; and (d) to Kachukhana Harichara Paglagaunj (Package-I)such other persons as is required in the opinion of the Authority for successful completion of the Project. 4.10
Appears in 1 contract
Samples: Draft Contract Agreement
Contractor's care. of the Works The Contractor shall bear full risk in, and take full responsibility for, the care of the Works, and of the Materials, goods and equipment for incorporation therein, from the Appointed Date until the date of Completion Certificate, save and except to the extent that any such loss or damage shall have arisen from any wilful default or gross neglect of the Authority. 4.7 Electricity, water and other services The Contractor shall be responsible for procuring of all utilities as may be required, including without limitation, adequate power, water and other services. 4.8 Unforeseeable difficulties Except as otherwise stated in the Agreement: (a) the Contractor accepts complete responsibility for having foreseen all difficulties and costs of successfully completing the Works; Contract AgreementPage 39 of 152 “Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH- 37 (Old NH-53) at Kalinagar Pt.-II Village to Design Chainage km 27+300 at crossing with NH-6 (Old NH-44) Near Xxxxxxxxx Pt.-I Village in the State of Assam on EPC Mode under Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” (3rd Call) Mar 2023 (b) the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs; and (c) the Scheduled Completion Date shall not be adjusted to take account of any unforeseen difficulties or costs. 4.9 Co-ordination of the Works (i) The Contractor acknowledges that in addition to the Agreement, it is also aware of terms of the other Project contracts and other agreements the Authority has negotiated and entered into for performance of its obligations under the Agreement ( copies of other contracts and other agreements are made available to the Contractor from time to time) and that the Contractor is fully aware of the consequences to the Authority which would or are likely to result from a breach by the Contractor of its obligations under the Agreement. In the event the actions of the Contractor result in the breach by the Authority of any or all of the other Project contracts and such breachimposesanyliabilityontheAuthority,theContractorshall:(a)undertakeallsteps as may be possible to mitigate or neutralize the liability that has arisen, and (b) indemnify the Authority against any such liability and compensate the Authority to that extent. (ii) The Contractor shall be responsible for the co-ordination and proper provision of the Works, including co-ordination of other Contractors or Sub-contractors for the Project. The Contractor shall co-operate with the Authority in the co- ordination of the Works with the works under the other Project contracts. The Contractor shall provide all reasonable support for carrying out their workto: (a) any other contractors employed by theAuthority; (b) the workmen of theAuthority; (c) the workmen of any Governmental Instrumentality who may be employed in the execution of work on or near the Site;and (d) such other persons as is required in the opinion of the Authority for successful completion of theProject. 4.10 EnvironmentalMeasures (i) The Contractor agrees to conduct its activities in connection with the Agreement in such a manner so as to comply with the environmental requirements which includes, inter alia, all the conditions required to be satisfied under the environmental clearances and applicable law, and assumes full responsibility for measures which are requiredtobetakentoensuresuchcompliance. 4.11 Site Data (i) The Contractor shall be deemed to have inspected and examined the Site and its Contract AgreementPage 40 of 160 152 “Widening / Improvement Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH-37 (Old NH-53) at Kalinagar Pt.-II Village to 4 Design Chainage km 27+300 at crossing with NH-6 (FourOld NH-44) Lane with Paved Shoulder configuration Near Xxxxxxxxx Pt.-I Village in the State of existing single lane road from Srirampur Assam on EPC Mode under Xxxxxxxxxx Xxxxxxxxxx in Economic Corridors (near Bhairiguri VillageProject Length – 11.8 km)” (3rd Call) to Kachukhana Harichara Paglagaunj (Package-I)Mar 2023
Appears in 1 contract
Samples: Draft Contract Agreement
Contractor's care. of the Works The Contractor shall bear full risk in, and take full responsibility for, the care of the Works, and of the Materials, goods and equipment for incorporation therein, from the Appointed Date until the date of Completion Certificate, save and except to the extent that any such loss or damage shall have arisen from any wilful default or gross neglect of the Authority. 4.7 Electricity, water and other services The Contractor shall be responsible for procuring of all utilities as may be required, including without limitation, adequate power, water and other services. 4.8 Unforeseeable difficulties Except as otherwise stated in the Agreement: (a) the Contractor accepts complete responsibility for having foreseen all difficulties and costs of successfully completing the Works; (b) the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs; and (c) the Scheduled Completion Date shall not be adjusted to take account of any unforeseen difficulties or costs. 4.9 Co-ordination of the Works (i) The Contractor acknowledges that in addition to the Agreement, it is also aware of terms of the other Project contracts and other agreements the Authority has negotiated and entered into for performance of its obligations under the Agreement ( copies of other contracts and other agreements are made available to the Contractor from time to time) and that the Contractor is fully aware of the consequences to the Authority which would or are likely to result from a breach by the Contractor of its obligations under the Agreement. In the event the actions of the Contractor result in the breach by the Authority of any or all of the other Project contracts and such breachimposesanyliabilityontheAuthority,theContractorshall:(a)undertakeallsteps as may be possible to mitigate or neutralize the liability that has arisen, and (b) indemnify the Authority against any such liability and compensate the Authority to that extent. Contract AgreementPage 40 of 160 153 “Widening / Improvement to 4 (Four) Lane with Paved Shoulder configuration of existing single lane road from Srirampur (near Bhairiguri Village) to Kachukhana Harichara Paglagaunj to Dhubri - Phulbari Bridge approach (Package-III) of Srirampur - Dhubri Section of NH-127B from existing Km 28.050 to Km 55.060 (Design Km 27.650 to Km 54.154), (Design Length=26.504 Km) on EPC Mode in the State of Assam under JICA - ODA loan assistance.” Mar 2022
Appears in 1 contract
Samples: Draft Contract Agreement
Contractor's care. of the Works The Contractor shall bear full risk in, and take full responsibility for, the care of the Works, and of the Materials, goods and equipment for incorporation therein, from the Appointed Date until the date of Completion Certificate, save and except to the extent that any such loss or damage shall have arisen from any wilful default or gross neglect of the Authority. 4.7 4.6 Electricity, water and other services The Contractor shall be responsible for procuring of all utilities as may be required, including without limitation, adequate power, water and other services. 4.8 4.7 Unforeseeable difficulties Except as otherwise stated in the Agreement: (a) the Contractor accepts complete responsibility for having foreseen all difficulties and costs of successfully completing the Works; (b) the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs; and (c) the Scheduled Completion Date shall not be adjusted to take account of any unforeseen difficulties or costs. 4.9 4.8 Co-ordination of the Works (i) The Contractor acknowledges that in addition to the Agreement, it is also aware of terms of the other Project contracts and other agreements the Authority has Draft Contract AgreementPage 38 of 261 S-D Tunnel 2022 negotiated and entered into for performance of its obligations under the Agreement ( copies of other contracts and other agreements are made available to the Contractor from time to time) and that the Contractor is fully aware of the consequences to the Authority which would or are likely to result from a breach by the Contractor of its obligations under the Agreement. In the event the actions of the Contractor result in the breach by the Authority of any or all of the other Project contracts and such breachimposesanyliabilityontheAuthority,theContractorshall:(a)undertakeallsteps breach imposes any liability on the Authority, the Contractor shall: (a) undertake all steps as may be possible to mitigate or neutralize the liability that has arisen, and (b) indemnify the Authority against any such liability and compensate the Authority to that extent. Contract AgreementPage 40 (ii) The Contractor shall be responsible for the co-ordination and proper provision of 160 “Widening / Improvement to 4 the Works, including co-ordination of other Contractors or Sub-contractors for the Project. The Contractor shall co-operate with the Authority in the co- ordination of the Works with the works under the other Project contracts. The Contractor shall provide all reasonable support for carrying out their work to: (Foura) Lane with Paved Shoulder configuration any other contractors employed by the Authority; (b) the workmen of existing single lane road from Srirampur the Authority; (c) the workmen of any Governmental Instrumentality who may be employed in the execution of work on or near Bhairiguri Villagethe Site; and (d) to Kachukhana Harichara Paglagaunj (Package-I)such other persons as is required in the opinion of the Authority for successful completion of the Project. 4.9
Appears in 1 contract
Samples: nhidcl.com
Contractor's care. of the Works The Contractor shall bear full risk in, and take full responsibility for, the care of the Works, and of the Materials, goods and equipment for incorporation therein, from the Appointed Date until the date of Completion Certificate, save and except to the extent that any such loss or damage shall have arisen from any wilful default or gross neglect of the Authority. 4.7 Electricity, water and other services The Contractor shall be responsible for procuring of all utilities as may be required, including without limitation, adequate power, water and other services. 4.8 Unforeseeable difficulties Except as otherwise stated in the Agreement: (a) the Contractor accepts complete responsibility for having foreseen all difficulties and costs of successfully completing the Works; (b) the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs; and (c) the Scheduled Completion Date shall not be adjusted to take account of any unforeseen difficulties or costs. 4.9 Co-ordination of the Works (i) The Contractor acknowledges that in addition to the Agreement, it is also aware of terms of the other Project contracts and other agreements the Authority has negotiated and entered into for performance of its obligations under the Agreement ( copies of other contracts and other agreements are made available to the Contractor from time to time) and that the Contractor is fully aware of the consequences to the Authority which would or are likely to result from a breach by the Contractor of its obligations under the Agreement. In the event the actions of the Contractor result in the breach by the Authority of any or all of the other Project contracts and such breachimposesanyliabilityontheAuthority,theContractorshall:(a)undertakeallsteps breach imposes any liability on the Authority, the Contractor shall: (a) undertake all steps as may be possible to mitigate or neutralize the liability that has arisen, and (b) indemnify the Authority against any such liability and compensate the Authority to that extent. (ii) The Contractor shall be responsible for the co-ordination and proper provision of the Works, including co-ordination of other Contractors or Sub-contractors for the Project. The Contractor shall co-operate with the Authority in the co- ordination of Draft Contract AgreementPage 40 38 of 160 “Widening / Improvement to 4 144 Construction of Uni-directional Tunnel i.e. length of 2.64/2.63km (FourTube-1/Tube-2) Lane and its approach (P-II) in the UT of J&K Jan. 2021 the Works with Paved Shoulder configuration the works under the other Project contracts. The Contractor shall provide all reasonable support for carrying out their work to: (a) any other contractors employed by the Authority; (b) the workmen of existing single lane road from Srirampur the Authority; (c) the workmen of any Governmental Instrumentality who may be employed in the execution of work on or near Bhairiguri Villagethe Site; and (d) to Kachukhana Harichara Paglagaunj (Package-I)such other persons as is required in the opinion of the Authority for successful completion of the Project. 4.10
Appears in 1 contract
Samples: Draft Contract Agreement
Contractor's care. of the Works The Contractor shall bear full risk in, and take full responsibility for, the care of the Works, and of the Materials, goods and equipment for incorporation therein, from the Appointed Date until the date of Completion Certificate, save and except to the extent that any such loss or damage shall have arisen from any wilful default or gross neglect of the Authority. 4.7 Electricity, water and other services The Contractor shall be responsible for procuring of all utilities as may be required, including without limitation, adequate power, water and other services. 4.8 Unforeseeable difficulties Except as otherwise stated in the Agreement: (a) the Contractor accepts complete responsibility for having foreseen all difficulties and costs of successfully completing the Works; Contract AgreementPage 39 of 152 “Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH- 37 (Old NH-53) at Kalinagar Pt.-II Village to Design Chainage km 27+300 at crossing with NH-6 (Old NH-44) Near Xxxxxxxxx Pt.-I Village in the State of Assam on EPC Mode under Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” (2nd Call) Feb 2023 (b) the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs; and (c) the Scheduled Completion Date shall not be adjusted to take account of any unforeseen difficulties or costs. 4.9 Co-ordination of the Works (i) The Contractor acknowledges that in addition to the Agreement, it is also aware of terms of the other Project contracts and other agreements the Authority has negotiated and entered into for performance of its obligations under the Agreement ( copies of other contracts and other agreements are made available to the Contractor from time to time) and that the Contractor is fully aware of the consequences to the Authority which would or are likely to result from a breach by the Contractor of its obligations under the Agreement. In the event the actions of the Contractor result in the breach by the Authority of any or all of the other Project contracts and such breachimposesanyliabilityontheAuthority,theContractorshall:(a)undertakeallsteps as may be possible to mitigate or neutralize the liability that has arisen, and (b) indemnify the Authority against any such liability and compensate the Authority to that extent. (ii) The Contractor shall be responsible for the co-ordination and proper provision of the Works, including co-ordination of other Contractors or Sub-contractors for the Project. The Contractor shall co-operate with the Authority in the co- ordination of the Works with the works under the other Project contracts. The Contractor shall provide all reasonable support for carrying out their workto: (a) any other contractors employed by theAuthority; (b) the workmen of theAuthority; (c) the workmen of any Governmental Instrumentality who may be employed in the execution of work on or near the Site;and (d) such other persons as is required in the opinion of the Authority for successful completion of theProject. 4.10 EnvironmentalMeasures (i) The Contractor agrees to conduct its activities in connection with the Agreement in such a manner so as to comply with the environmental requirements which includes, inter alia, all the conditions required to be satisfied under the environmental clearances and applicable law, and assumes full responsibility for measures which are requiredtobetakentoensuresuchcompliance. 4.11 Site Data (i) The Contractor shall be deemed to have inspected and examined the Site and its Contract AgreementPage 40 of 160 152 “Widening / Improvement Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH-37 (Old NH-53) at Kalinagar Pt.-II Village to 4 Design Chainage km 27+300 at crossing with NH-6 (FourOld NH-44) Lane with Paved Shoulder configuration Near Xxxxxxxxx Pt.-I Village in the State of existing single lane road from Srirampur Assam on EPC Mode under Bharatmala Pariyojana in Economic Corridors (near Bhairiguri VillageProject Length – 11.8 km)” (2nd Call) to Kachukhana Harichara Paglagaunj (Package-I)Feb 2023
Appears in 1 contract
Samples: Draft Contract Agreement
Contractor's care. of the Works The Contractor shall bear full risk in, and take full responsibility for, the care of the Works, and of the Materials, goods and equipment for incorporation therein, from the Appointed Date until the date of Completion Certificate, save and except to the extent that any such loss or damage shall have arisen from any wilful default or gross neglect of the Authority. 4.7 Electricity, water and other services The Contractor shall be responsible for procuring of all utilities as may be required, including without limitation, adequate power, water and other services. 4.8 Unforeseeable difficulties Except as otherwise stated in the Agreement: (a) the Contractor accepts complete responsibility for having foreseen all difficulties and costs of successfully completing the Works; Contract AgreementPage 39 of 154 “Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH- 37 (Old NH-53) at Kalinagar Pt.-II Village to Design Chainage km 27+300 at crossing with NH-6 (Old NH-44) Near Xxxxxxxxx Pt.-I Village in the State of Assam on EPC Mode under Bharatmala Pariyojana in Economic Corridors (Project Length – 11.8 km)” (4th Call) Mar 2023 (b) the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs; and (c) the Scheduled Completion Date shall not be adjusted to take account of any unforeseen difficulties or costs. 4.9 Co-ordination of the Works (i) The Contractor acknowledges that in addition to the Agreement, it is also aware of terms of the other Project contracts and other agreements the Authority has negotiated and entered into for performance of its obligations under the Agreement ( copies of other contracts and other agreements are made available to the Contractor from time to time) and that the Contractor is fully aware of the consequences to the Authority which would or are likely to result from a breach by the Contractor of its obligations under the Agreement. In the event the actions of the Contractor result in the breach by the Authority of any or all of the other Project contracts and such breachimposesanyliabilityontheAuthority,theContractorshall:(a)undertakeallsteps as may be possible to mitigate or neutralize the liability that has arisen, and (b) indemnify the Authority against any such liability and compensate the Authority to that extent. (ii) The Contractor shall be responsible for the co-ordination and proper provision of the Works, including co-ordination of other Contractors or Sub-contractors for the Project. The Contractor shall co-operate with the Authority in the co- ordination of the Works with the works under the other Project contracts. The Contractor shall provide all reasonable support for carrying out their workto: (a) any other contractors employed by theAuthority; (b) the workmen of theAuthority; (c) the workmen of any Governmental Instrumentality who may be employed in the execution of work on or near the Site;and (d) such other persons as is required in the opinion of the Authority for successful completion of theProject. 4.10 EnvironmentalMeasures (i) The Contractor agrees to conduct its activities in connection with the Agreement in such a manner so as to comply with the environmental requirements which includes, inter alia, all the conditions required to be satisfied under the environmental clearances and applicable law, and assumes full responsibility for measures which are requiredtobetakentoensuresuchcompliance. 4.11 Site Data (i) The Contractor shall be deemed to have inspected and examined the Site and its Contract AgreementPage 40 of 160 154 “Widening / Improvement Construction of Four Lane Panchgram Bypass from Design Chainage km 15+500 on NH-37 (Old NH-53) at Kalinagar Pt.-II Village to 4 Design Chainage km 27+300 at crossing with NH-6 (FourOld NH-44) Lane with Paved Shoulder configuration Near Xxxxxxxxx Pt.-I Village in the State of existing single lane road from Srirampur Assam on EPC Mode under Xxxxxxxxxx Xxxxxxxxxx in Economic Corridors (near Bhairiguri VillageProject Length – 11.8 km)” (4th Call) to Kachukhana Harichara Paglagaunj (Package-I)Mar 2023
Appears in 1 contract
Samples: nhidcl.com
Contractor's care. of the Works The Contractor shall bear full risk in, and take full responsibility for, the care of the Works, and of the Materials, goods and equipment for incorporation therein, from the Appointed Date until the date of Completion Certificate, save and except to the extent that any such loss or damage shall have arisen from any wilful willful default or gross neglect of the Authority. 4.7 Electricity, water and other services The Contractor shall be responsible for procuring of all utilities as may be required, including without limitation, adequate power, water and other services. 4.8 Unforeseeable difficulties Except as otherwise stated in the Agreement: (a) the Contractor accepts complete responsibility for having foreseen all difficulties and costs of successfully completing the Works; (b) the Contract Price shall not be adjusted to take account of any unforeseen difficulties or costs; and (c) the Scheduled Completion Date shall not be adjusted to take account of any unforeseen difficulties or costs. 4.9 Co-ordination of the Works (i) The Contractor acknowledges that in addition to the Agreement, it is also aware of terms of the other Project contracts and other agreements the Authority has negotiated and entered into for performance of its obligations under the Agreement ( copies of other contracts and other agreements are made available to the Contractor from time to time) and that the Contractor is fully aware of the consequences to the Authority which would or are likely to result from a breach by the Contractor of its obligations under the Agreement. In the event the actions of the Contractor result in the breach by the Authority of any or all of the other Project contracts and such breachimposesanyliabilityontheAuthority,theContractorshall:(a)undertakeallsteps breach imposes any liability on the Authority, the Contractor shall: (a) undertake all steps as may be possible to mitigate or neutralize the liability that has arisen, and (b) indemnify the Authority against any such liability and compensate the Authority to that extent. (ii) The Contractor shall be responsible for the co-ordination and proper provision of the Draft Contract AgreementPage 40 38 of 160 “Widening / Improvement 150 Rehabilitation and Up-gradation to 4 (Four) Lane 2 lane with Paved Shoulder configuration shoulder of existing single lane road NH-717A in Ranipool-Pakyong section from Srirampur Design CH: 2.00 to CH: 6.00 (Km 3.100 to Km 7.200 of NH-717A) in the State of Sikkim on EPC Mode Feb. 2021 Works, including co-ordination of other Contractors or Sub-contractors for the Project. The Contractor shall co-operate with the Authority in the co- ordination of the Works with the works under the other Project contracts. The Contractor shall provide all reasonable support for carrying out their work to: (a) any other contractors employed by the Authority; (b) the workmen of the Authority; (c) the workmen of any Governmental Instrumentality who may be employed in the execution of work on or near Bhairiguri Villagethe Site; and (d) to Kachukhana Harichara Paglagaunj (Package-I)such other persons as is required in the opinion of the Authority for successful completion of the Project. 4.10
Appears in 1 contract
Samples: Draft Contract Agreement
Contractor's care. of the Works The Contractor shall bear full risk in, and take full responsibility for, the care of the Works, and of the Materials, goods and equipment for incorporation therein, from the Appointed Date until the date of Completion Certificate, save and except to the extent that any such loss or damage shall have arisen from any wilful willful default or gross neglect of the Authority. 4.7 Electricity, water and other services The Contractor shall be responsible for procuring of all utilities as may be required, including without limitation, adequate power, water and other services. 4.8 Unforeseeable difficulties Except as otherwise stated in the Agreement: (a) the Contractor accepts complete responsibility for having foreseen all difficulties and costs of successfully completing the Works; (b) the Contract Price shall not be adjusted to take account of any unforeseen Contract AgreementPage 39 of 157 Widening & Upgradation to 2-lane with paved shoulder from km 39.450 (start of Pahalgam Bypass) to km 60.680 (Chandanwadi), Package-III of Khanabal - Pahalgam - Chandanwadi - Baltal section of NH-501 in the UT of Jammu & Kashmir on EPC Mode January’ 2024 difficulties or costs; and (c) the Scheduled Completion Date shall not be adjusted to take account of any unforeseen difficulties or costs. 4.9 Co-ordination of the Works (i) The Contractor acknowledges that in addition to the Agreement, it is also aware of terms of the other Project contracts and other agreements the Authority has negotiated and entered into for performance of its obligations under the Agreement ( copies of other contracts and other agreements are made available to the Contractor from time to time) and that the Contractor is fully aware of the consequences to the Authority which would or are likely to result from a breach by the Contractor of its obligations under the Agreement. In the event the actions of the Contractor result in the breach by the Authority of any or all of the other Project contracts and such breachimposesanyliabilityontheAuthority,theContractorshall:(a)undertakeallsteps as may be possible to mitigate or neutralize the liability that has arisen, and (b) indemnify the Authority against any such liability and compensate the Authority to that extent. Contract AgreementPage 40 (ii) The Contractor shall be responsible for the co-ordination and proper provision of 160 “Widening / Improvement to 4 the Works, including co-ordination of other Contractors or Sub-contractors for the Project. The Contractor shall co-operate with the Authority in the co- ordination of the Works with the works under the other Project contracts. The Contractor shall provide all reasonable support for carrying out their work to: (Foura) Lane with Paved Shoulder configuration any other contractors employed by the Authority; (b) the workmen of existing single lane road from Srirampur the Authority; (c) the workmen of any Governmental Instrumentality who may be employed in the execution of work on or near Bhairiguri Villagethe Site; and (d) to Kachukhana Harichara Paglagaunj (Package-I)such other persons as is required in the opinion of the Authority for successful completion of the Project. 4.10
Appears in 1 contract
Samples: Draft Contract Agreement
