Common use of Default & Breach of Provisions Clause in Contracts

Default & Breach of Provisions. In the event of the contractor(s) committing a default or breach of any of the provisions of the CPWD’s Contractor’s Labour Regulations and Model Rules for the protection of health and sanitary arrangements for the workers as amended from time to time or furnishing any information or submitting or filing any statement under the provisions of the above Regulations and Rules which is materially incorrect, he/they shall, withoutprejudice to any other liability, pay to the Corporation a sum as decided by the authority mentioned in Appendix-7 to Schedule I: General Conditions of Contract for every default, breach or furnishing, making, submitting, filing such materially incorrect statements and in the event of the contractor(s) defaulting continuously in this respect, the penalty may be enhanced to as decided by the authority mentioned in Appendix-7 to Schedule I: General Conditions of Contract per day for each day of default subject to a maximum of 5 percent of the estimated cost of the work put to tender. Decision of the Regional Manager in all of the above respect shall be final and binding on Parties. Should it appear to the Regional Manager that the contractor(s) is/are not properly observing and complying with the provisions of the CPWD’s Contractor’s Labour Regulations & Model Rules and the provisions of the Contract Labour (Regulation & Abolition) Act 1970, and the Contract Labour (R&A) Central Rules 1971, for the protection of health & sanitary arrangements for work-people employed by the contractor(s) (hereinafterreferred as “the said Rules”) the Regional Manager shall have power to give notice in writing to the contractor(s) requiring that the said Rules be complied with and the amenities prescribed therein be provided to the work-people within a reasonable time to be specified in the notice. If the contractor(s) shall fail within the period specified in the notice to comply with and/observe the said Rules and to provide the amenities to the work-people as aforesaid, the Regional Manager shall have the power to provide the amenities herein before mentioned at the cost of the contractor(s). The contractor(s) shall erect, make & maintain at his/their own expense and to approved standards all necessary huts and sanitary arrangements required for his/their work-people on the site in connection with the execution of the works, and if the same shall not have been erected or constructed, according to approved standards, the Regional Manager shall have power to give notice in writing to the contractor(s) requiring that the said huts and sanitary arrangements be remodeled and/or reconstructed according to approved standards, and if the contractor(s) shall fail to remodel or reconstruct such huts and sanitary arrangements according to approved standards within the period specified in the notice, the Regional Manager shall have the power to remodel or reconstruct such huts and sanitary arrangements according to approved standards atthe cost of the contractor(s). Appendix-7 Vol-II Contract & GCC Operational Clauses -Summary Refer relevant clauses & Articles in Schedule-I, General Conditions of Contract (GCC) and Schedule-II, Scope of work. GENERAL RULES & DIRECTIONS Officer Inviting Tender Regional Manager Maximum works that can be executed under the contract Up to 125 % of Original Contract Value.

Appears in 8 contracts

Samples: Agreement, Agreement, Agreement

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