Joint and several liability (i. If the Contractor has formed a Joint Venture of two persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall release the payments only in the name of JV. 6 This Clause 1.5 may be omitted if the Contractor is not a Joint venture. Even if the Contractor is a Joint venture, the Authority may, at its discretion, delete this provision. Draft Contract AgreementPage 25 of 142 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of Khellani-Khanabal Section on NH-244 (Pkg-I) Nov 2020 Part II Scope of Project Draft Contract AgreementPage 26 of 142 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of Khellani-Khanabal Section on NH-244 (Pkg-I) Nov 2020 Article 2
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Samples: nhidcl.com
Joint and several liability (i. If the Contractor has formed a Joint Venture of two persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall release the payments only in the name of JV. 6 This Clause 1.5 may be omitted if the Contractor is not a Joint venture. Even if the Contractor is a Joint venture, the Authority may, at its discretion, delete this provision. Draft Contract AgreementPage 25 28 of 142 144 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of KhellaniUni-Khanabal Section on NH-244 directional Tunnel i.e. length of 2.64/2.63km (PkgTube-1/Tube-2) and its approach (P-III) Nov 2020 in the UT of J&K Jan. 2021 Part II Scope of Project Draft Contract AgreementPage 26 29 of 142 144 Construction & Up gradation to 2 lane with paved shoulder from Design Km. 31.449 to Km 51.700 of KhellaniUni-Khanabal Section on NH-244 directional Tunnel i.e. length of 2.64/2.63km (PkgTube-1/Tube-2) and its approach (P-III) Nov 2020 in the UT of J&K Jan. 2021 Article 2
Appears in 1 contract
Samples: Draft Contract Agreement
Joint and several liability (i. If the Contractor has formed a Joint Venture of two persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall release the payments only in the name of JVofJV. 6 This Clause 1.5 may be omitted if the Contractor is not a Joint venture. Even if the Contractor is a Joint venture, the Authority may, at its discretion, delete this provision. Draft Contract AgreementPage 25 29 of 142 Construction 159 Widening & Up gradation Upgradation to 2 4-lane with paved shoulder from Design Km. 31.449 km 16.700 (end of Seer Hamdan Bypass) to Km 51.700 km 39.450 (start of KhellaniPahalgam Bypass), Package-II of Khanabal Section - Pahalgam - Chandanwadi - Baltal section of NH-501 in the UT of Jammu & Kashmir on NH-244 (Pkg-I) Nov 2020 EPC Mode January’ 2024 Part II Scope of Project Draft Contract AgreementPage 26 30 of 142 Construction 159 Widening & Up gradation Upgradation to 2 4-lane with paved shoulder from Design Kmkm 16.700 (end of Seer Hamdan Bypass) to km 39.450 (start of Pahalgam Bypass), Package-II of Khanabal - Pahalgam - Chandanwadi - Baltal section of NH-501 in the UT of Jammu & Kashmir on EPC Mode January’ 2024 Article 2 Scope of the Project 2.1 Scope of the Project Under this Agreement, the scope of the Project (the “Scope of the Project”) shall mean and include: (a) construction of the Project Highway on the Site set forth in Schedule- A and as specified in Schedule-B together with provision of Project Facilities as specified in Schedule-C, and in conformity with the Specifications and Standards set forth in Schedule-D; (b) maintenance of the Project Highway in accordance with the provisions of this Agreement and in conformity with the requirements set forth in Schedule-E; and (c) performance and fulfillment of all other obligations of the Contractor in accordance with the provisions of this Agreement and matters incidental thereto or necessary for the performance of any or all of the obligations of the Contractor under this Agreement. 31.449 Contract AgreementPage 31 of 159 Widening & Upgradation to Km 51.700 4-lane with paved shoulder from km 16.700 (end of KhellaniSeer Hamdan Bypass) to km 39.450 (start of Pahalgam Bypass), Package-II of Khanabal Section - Pahalgam - Chandanwadi - Baltal section of NH-501 in the UT of Jammu & Kashmir on NH-244 EPC Mode January’ 2024 Article 3 Obligations of the Authority 3.1 Obligations of the Authority (Pkgi) The Authority shall, at its own cost and expense, undertake, comply with and perform all its obligations set out in this Agreement or arising hereunder. (ii) The Authority shall be responsible for the correctness of the Scope of the Project, Project Facilities, Specifications and Standards and the criteria for testing of the completed Works. (iii) The Authority shall, upon submission of the Performance Security as per the RFP by the Contractor, shall provide to the Contractor: (a) No less than 90% (ninety per cent) of the required Right of Way of the Construction Zone of total length of the Project Highway within a period of 30 (thirty) days from the date of this Agreement, which shall be in contiguous stretches of length not less than 1( One)kilometer. (b) approval of the general arrangement drawings (the “GAD”) from railway authorities to enable the Contractor to construct road over- bridges/ under- bridges at level crossings on the Project Highway in accordance with the Specifications and Standards, and subject to the terms and conditions specified in such approval, within a period of 60 (sixty) days from the Appointed Date, and reimbursement of all the costs and expenses paid by the Contractor to the railway authorities for and in respect of the road over- bridges/ under bridges; and7 (c) all environmental clearances as required under Clause4.3.8 (iv) Delay in providing the Right of Way or approval of GAD by railway authorities, as the case may be, in accordance with the provisions of Clause 3.1 (iii) shall entitle the Contractor to Damages in a sum calculated in accordance with the provisions of Clause 8.3 of this Agreement and Time Extension in accordance with the provisions of Clause 10.5 of this Agreement. For the avoidance of doubt, the Parties agree that the Damages for delay in approval of GAD by the railway authorities for a particular road over-Ibridge/ under-bridge shall be deemed to be equal to the Damages payable under the provisions of Clause 8.3 for delay in providing Right of Way for a length of 2 (two) Nov 2020 Article 2kilometer for each such road over-bridge/under-bridge. 7 Clause (b) may be omitted if the Project does not include a road over-bridge/under-bridge. 8 Clause 3.1 (iii) (c) may be suitably modified in the event that all the environmental Contract AgreementPage 32 of 159 Widening & Upgradation to 4-lane with paved shoulder from km 16.700 (end of Seer Hamdan Bypass) to km 39.450 (start of Pahalgam Bypass), Package-II of Khanabal - Pahalgam - Chandanwadi - Baltal section of NH-501 in the UT of Jammu & Kashmir on EPC Mode January’ 2024
Appears in 1 contract
Samples: Draft Contract Agreement
Joint and several liability (i. If the Contractor has formed a Joint Venture of two persons for implementing the Project: (a) these persons shall, without prejudice to the provisions of this Agreement or any other agreement, be deemed to be jointly and severally liable to the Authority for the performance of the Agreement; and (b) the Contractor shall ensure that no change in the composition of the Joint Venture is effected without the prior consent of the Authority. (ii) Without prejudice to the joint and several liability of all the members of the Joint Venture, the Lead Member shall represent all the members of the Joint Venture and shall always be liable and responsible for discharging the functions and obligations of the Contractor. The Contractor shall ensure that each member of the Joint Venture shall be bound by any decision, communication, notice, action or inaction of the Lead Member on any matter related to this Agreement and the Authority shall be entitled to rely upon any such action, decision or communication of the Lead Member. The Authority shall release the payments only in the name of JV. 6 This Clause 1.5 may be omitted if the Contractor is not a Joint venture. Even if the Contractor is a Joint venture, the Authority may, at its discretion, delete this provision. Draft Contract Concession AgreementPage 25 28 of 142 Construction & Up 150 Rehabilitation and Up-gradation to 2 lane with paved Paved shoulder of NH-717A in Ranipool-Pakyong section from Design Km. 31.449 CH: 2.00 to CH: 6.00 (Km 3.100 to Km 51.700 7.200 of Khellani-Khanabal Section NH-717A) in the State of Sikkim on NH-244 (Pkg-I) Nov 2020 EPC Mode Feb. 2021 Part II Scope of Project Draft Contract Concession AgreementPage 26 29 of 142 Construction & Up 150 Rehabilitation and Up-gradation to 2 lane with paved Paved shoulder of NH-717A in Ranipool-Pakyong section from Design Km. 31.449 CH: 2.00 to CH: 6.00 (Km 3.100 to Km 51.700 7.200 of Khellani-Khanabal Section NH-717A) in the State of Sikkim on NH-244 (Pkg-I) Nov 2020 EPC Mode Feb. 2021 Article 2
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Samples: Draft Contract Agreement
