Liabilities of the Contractor Sample Clauses

Liabilities of the Contractor i. Accident Relief and workmen compensation: The contractor should make all necessary arrangements for the safety of workmen on the occurrence of the accident, which results in the injury or death of any of the workmen employed by the contractor, the contractor shall within 24 hours of the happenings of the accident and such accidents should intimate in writing to the concerned Asst. Engineer / Asst. Executive Engineer of the Department the act of such accident. The contractor shall indemnify NITW against all loss or damage sustained by the NITW resulting directly or indirectly from his failure to give intimation in the manner aforesaid including the penalties or fines if any payable by NITW as a consequence of NITW failure to give notice under workmen’s compensation Act or otherwise conform to the provisions of the said Act. In regard to such accident. ii. In the event of an accident in respect of which compensation may become payable under the workmen’s compensation Act VIII 23 whether by the contractor, by the Government it shall be lawful for the Executive Engineer to retain such sum of money which may in the opinion of the Executive Engineer be sufficient to meet such liability. The opinion of the Executive Engineer shall be final in regard to all matters arising under this clause. The contractor shall at all times indemnify the NITW against all claims which may be made under the workmen’s compensation act or any statutory modification thereafter or rules there under or otherwise consequent of any damage or compensation payable in consequent of any accident or injuries sustained or death of any workmen engaged in the performance of the business relating to the contractor. iii. Contractor’s Staff, Representatives and Labour: (a)
Sample 1Sample 2Sample 3See All (10)
AutoNDA by SimpleDocs
Liabilities of the Contractor. 18.1. YÜKLENİCİ’nin Genel Yükümlülükleri/ General Liabilities of the Contractor: 18.1.1. YÜKLENİCİ, malzemenin teslimine ilişkin gereken özeni ve ihtimamı göstermeyi, sözleşme konusu malzemeyi, sözleşme ve alım dokümanlarına göre belirlenen süre, miktar ve bedel dahilinde gerçekleştirmeyi ve oluşabilecek kusurları sözleşme hükümlerine uygun olarak gidermeyi kabul ve taahhüt eder. YÜKLENİCİ, üstlenmiş olduğu taahhüt ve bu taahhüde ilişkin programa uygun olarak, malzemenin süresinde teslimini sağlamak zorundadır. İDARE’nin uyarı ve talimatlarına uymayarak, burada belirtilen yükümlülüklerin ihlal edilmesi halinde her türlü zarar ve ziyan Yükleniciye tazmin ettirilir. 18.1.2. Yüklenici, malzemenin/hizmetin yapımı/teslimi sırasında yürürlükteki kanun, tüzük, yönetmelik ve benzeri mevzuat hükümlerine de uymakla yükümlüdür. Yüklenicinin bu yükümlülüğünü ihlal etmesi nedeniyle ortaya çıkan zararlar ile üçüncü kişilere, çevreye veya İDARE personeline verilen zarar ve ziyandan Yüklenici sorumludur. Bu şekilde meydana gelen zarar ve ziyanın İDARE’ce tazmin edilmesi halinde, tazmin bedeli Yüklenicinin alacaklarından kesilmek suretiyle tahsil edilir. Yükleniciden yapılacak kesintilerin İDARE alacağını karşılayamaması durumunda kalan miktar, Yüklenicinin kesin teminatı ile varsa ek kesin teminatı paraya çevrilmek suretiyle karşılanır. İDARE alacağının bu şekilde dahi tahsil edilemediği durumlarda, alacak miktarı genel hükümlere göre Yükleniciden tahsil edilir.
Sample 1Sample 2Sample 3See All (5)

Related to Liabilities of the Contractor

  • Obligations of the Contractor (i) Subject to and on the terms and conditions of this Agreement, the Contractor shall undertake the survey, investigation, design, engineering, procurement, construction, and maintenance of the Project Highway and observe, fulfil, comply with and perform all its obligations set out in this Agreement or arising hereunder. (ii) The Contractor shall comply with all Applicable Laws and Applicable Permits (including renewals as required) in the performance of its obligations under this Agreement. (iii) Subject to the provisions of Clauses 4.1 (i) and 4.1 (ii), the Contractor shall discharge its obligations in accordance with Good Industry Practice and as a reasonable and prudent person. (iv) The Contractor shall remedy any and all loss, defects, or damage to the Project Highway from the Appointed Date until the end of the Construction Period at the Contractor’s cost, save and except to the extent that any such loss, defect, or damage shall have arisen from any wilful default or neglect of the Authority. (v) The Contractor shall remedy any and all loss, defect or damage to the Project Highway during the Defects Liability Period at the Contractor’s cost to the extent that such loss, defect or damage shall have arisen out of the reasons specified in Clause 17.3. (vi) The Contractor shall remedy any and all loss or damage to the Project Highway during the Maintenance Period at the Contractor’s cost, including those stated in Clause 14.1 (ii), save and except to the extent that any such loss or damage shall have arisen on account of any wilful default or neglect of the Authority or on account of a Force Majeure Event. (vii) The Contractor shall, at its own cost and expense, in addition to and not in derogation of its obligations elsewhere set out in this Agreement: (a) make, or cause to be made, necessary applications to the relevant Government Instrumentalities with such particulars and details as may be required for obtaining Applicable Permits set forth in Schedule-F and obtain and keep in force and effect such Applicable Permits in conformity with the Applicable Laws; (b) procure, as required, the appropriate proprietary rights, licences, agreements and permissions for Materials, methods, processes and systems used or incorporated into the Project Highway; (c) make reasonable efforts to maintain harmony and good industrial relations among the personnel employed byit or its Sub-contractors in connection with the performance of its obligations under this Agreement; (d) ensure and procure that its Sub-contractors comply with all Applicable Permits and Applicable Laws in the performance by them of any of the Contractor’s obligations under this Agreement; (e) not do or omit to do any act, deed or thing which may in any manner violate any provisions of this Agreement; (f) support, cooperate with and facilitate the Authority in the implementation and operation of the Project in accordance with the provisions of this Agreement; (g) ensure that the Contractor and its Sub-contractors comply with the safety and welfare measures for labour in accordance with the Applicable Laws and Good Industry Practice; (h) keep, on Site, a copy of this Agreement, publications named in this Agreement, the Drawings, Documents relating to the Project, and Change of Scope orders and other communications given under this Agreement. The Authority’s Engineer and its authorised personnel shall have the right of access to all these documents at all reasonable times; (i) cooperate with other contractors employed by the Authority and personnel of any public authority; and (j) not interfere unnecessarily or improperly with the convenience of the public, or the access to and use and occupation of all roads and footpaths, irrespective of whether they are public or in the possession of the Authority or of others. (viii) The Contractor shall undertake all necessary superintendence to plan, arrange, direct, manage, inspect and test the Works. The Contractor shall provide all necessary superintendence of the Works for the proper fulfilling of the Contractor's obligations under the Agreement. Such superintendence shall be given by competent person having adequate knowledge of the operations to be carried out (including the methods and techniques required, the hazards likely to be encountered and methods of preventing accidents) for the satisfactory and safe execution of the Works. (ix) The Contractor shall obtain and maintain a project related bank account operational at site where all transactions related to the payment of work will be done. The Contractor shall submit a monthly account statement and a detailed report on utilization of funds transferred to this project related bank account to Authority’s Engineer. Notwithstanding anything contrary to this agreement, the authority, in the interest and to ensure timely completion of the work, reserves the right to audit such bank accounts to ensure that there is no diversion of funds from this project specific account to any other project being implemented by the Contractor. (x) The Contractor shall provide the documents of the Contractor specified in the Agreement, and all Contractors' personnel; Goods, consumables and other things and services, whether of a temporary or permanent nature, required in and for the execution, completion of Works and remedying defects. (xi) The Contractor shall perform the Works in conformity with the Project requirements and other requirements and standards prescribed under or pursuant to the Agreement. (xii) The Contractor shall carry out such work incidental and contingent to the original Scope of the Project to comply with Good Industry Practices. (xiii) The Contractor shall maintain required staff and necessary Contractor’s equipment and materials within the reach of the Site during the Defects Liability Period so that any defects arising are promptly attended.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!