Common use of PAYMENT OF CLAIMS AND DAMAGES Clause in Contracts

PAYMENT OF CLAIMS AND DAMAGES. 8.1. Should the Owner have to pay money in respect of claims or demands as aforesaid the amount so paid and the costs incurred by the Owner shall be charged to and paid by the Contractor and the Contractor shall not be entitled to dispute or question the right of the Owner to make such payments notwithstanding the same may have been without his consent or authority or in law or otherwise to the contrary. 8.2. In every case in which by virtue of the provisions of Workmen's Compensation Act, 1923, or other Acts, the Owner is obliged to pay Compensation to a Xxxxxxx employed by the Contractor in execution of the works, the Owner will recover from the Contractor the amount of compensation so paid and without prejudice to the rights of Owner under the said Act. Owner shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due to the Contractor whether under this contract or otherwise. The Owner shall not be bound to contest any claim made under Section 12 sub section (1) of the said Act, except on the written request of the Contractor and upon his giving to the Owner full security for all costs for which the owner might become liable in consequence of contesting such claim.

Appears in 2 contracts

Samples: Works Contract, Works Contract

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PAYMENT OF CLAIMS AND DAMAGES. 8.1. Should the Owner have to pay any money in respect of such claims or demands as aforesaid the amount so paid and the costs incurred by the Owner shall be charged to and paid by the Contractor and the Contractor contractor shall not be entitled at liberty to dispute or question the right rig of the Owner to make such payments notwithstanding the same may have been made without his consent or authority or in law or otherwise to the contrary. 8.2country. In every case in to which by virtue of the provisions of WorkmenSection 12, sub-section (I) of workmen's compensation Act 1923 or other applicable provisions of workmen's Compensation Act any other Act, 1923, or other Acts, the Owner is obliged to pay Compensation compensation to a Xxxxxxx workmen employed by the Contractor contractor in execution of the works, the Owner will recover from the Contractor contractor the amount of compensation so paid and without prejudice to the rights of Owner under Section 12 sub-section (2) of the said Act. Owner shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due to the Contractor contractor whether under this the contract or otherwise. The Owner shall not be bound to contest any claim clime made under Section 12 sub 12, sub-section (1I) of the said Act, Act except on the written request of the Contractor contractor and upon his giving to the Owner full security for all costs for which the owner Owner might become liable in on consequence of contesting such claimclaims.

Appears in 1 contract

Samples: Annual Maintenance Contract

PAYMENT OF CLAIMS AND DAMAGES. 8.1. 8.1 Should the Owner have to pay money in respect of claims or demands as aforesaid the amount so paid and the costs incurred by the Owner shall be charged to and paid by the Contractor and the Contractor shall not be entitled to dispute or question the right of the Owner to make such payments notwithstanding the same may have been without his consent or authority or in law or otherwise to the contrary. 8.2. 8.2 In every case in which by virtue of the provisions of Workmen's Compensation Act, 1923, or other Acts, the Owner is obliged to pay Compensation to a Xxxxxxx employed by the Contractor in execution of the works, the Owner will recover from the Contractor the amount of compensation so paid and without prejudice to the rights of Owner under the said Act. Owner shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or of from any sum due to the Contractor whether under this contract or otherwise. The otherwise the Owner shall not be bound to contest any claim made under Section 12 sub section (1i) of the said Act, except on the written request of the Contractor and upon his giving to the Owner full security for all costs for which the owner might become liable in consequence of contesting such claim.

Appears in 1 contract

Samples: Works Contract

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PAYMENT OF CLAIMS AND DAMAGES. 8.1. Should the Owner Employer have to pay money in respect of claims or demands as aforesaid the amount so paid and the costs incurred by the Owner Employer shall be charged to and paid by the Contractor and the Contractor shall not be entitled to dispute or question the right of the Owner Employer to make such payments notwithstanding payments. Notwithstanding the same may have been without his consent or authority or in law or otherwise to the contrary. 8.2. In every case in which by virtue of the provisions of Workmen's ’s Compensation Act, 1923, or other Acts, the Owner Employer is obliged to pay Compensation to a Xxxxxxx employed by the Contractor in execution of the works, the Owner Employer will recover from the Contractor the amount of compensation so paid and without prejudice to the rights of Owner Employer under the said Act. Owner Employer shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due to the Contractor whether under this contract or otherwise. The Owner Employer shall not be bound to contest any claim made under Section 12 sub section (1) of the said Act, except on the written request of the Contractor and upon his giving to the Owner Employer full security for all costs for which the owner Employer might become liable in consequence of contesting such claim.

Appears in 1 contract

Samples: Work Contract

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