Common use of PENALTY AND RECOVERY Clause in Contracts

PENALTY AND RECOVERY. (i) In the event the Contractor causes undue delay in execution of work or the performance is unsatisfactory causing interruption /stoppage of smooth operation of disposal of ash and cleaning as per scope, harm to the plant and property of GIPCL, then in such a case, GIPCL (Engineer In-charge) shall be entitled to levy a penalty on the Contractor at the rate of 1.5 times of the item rate up to a maximum of 10% of the Total Contract Price. The said penalty amount may be recovered either from the monthly invoices or the Security deposit. (ii) In addition to and without prejudice to the above, GIPCL shall also have the right to get the affected work completed by a third party or agency at the risk and cost of the Contractor/ and the Contractor shall be liable for any differential amount in the Contract price. (iii) In case of any damage of equipment / machinery / vehicle due to negligence of Contractor or any other reasons attributed to Contractor, the decision of Engineer In- charge regarding the amount of recovery shall be final and binding subject to a maximum of 10% of the Contract value. Recovery will be affected from the monthly bills and / or retention money / security deposit. (iv) If the Contractor fails to execute the work as per directions of Engineer In-charge within the time frame given in work order and / or day to day instructions given by Engineer In- charge, GIPCL shall get the work done by third party at the risk & cost of the Contractor with 10% additional overhead charges plus applicable GST as per extant GST Laws & other taxes & duties as per applicable extant laws (v) Penalty shall be imposed to Contractor for various instances as follows: • Due to whatsoever reasons, Cleaning underneath and surrounding areas of Silos if not executed up to the mark, in consideration to the quantum of cleaning to be done and degree of cleaning which is needed to be achieved: Rs 5,000 per day shall be levied as penalty. • Not meeting the daily Ash disposal targets (in MT), intimated to Contractor by GIPCL’s Engineer In-charge daily in the evening for the next day, probably due to non- deployment / inadequate deployment of sufficient closed body dumpers (tippers): Rs 3,000 per day per inadequate dumper (solely based on Engineer In-charge’s assumption for total tippers which might have completed the given Ash disposal target) shall be levied as penalty. • In case of emergency i.e. critical silo level, if contractor not deploying resources at all as per his obligation for disposal of ash at predesignated location due to whatsoever reason, flat penalty of Rs 5,000 per truck/dumper per day shall be levied. For example if contractor not deploying five trucks, total penalty per day will be 5000 * 5 = 25000 Rs/day. • Non-conducting the inspection / re-inspection of closed body dumpers, in the presence of representatives of GIPCL and non-obtaining of clearance certificate after thorough inspection of these dumpers every 3 months: Rs 250 per each day per dumper till the date of performing re-certification shall be levied as penalty. • Spillage even minor of bed ash or fly ash through truck / closed body dumper during loading and transportation: Rs 500 per day / truck. • In any case the tippers deployed for Ash disposal to mines / spillage Ash cleaning shall maintain the normal speed limits (max. around 30-40 km per hour) while travelling through service roads / haul roads of GIPCL. If any tipper will be found over speeding, as reported to GIPCL, by any third party, Rs 1,000 per instance shall be levied as penalty. • Absence of Site In-charge / Supervisors (except being his weekly off) without prior information for leave and/or any intimation to GIPCL’s Engineer In-charge: Rs 500 per day per person shall be levied as penalty. • Un-safe work execution: Rs 750 per day per Instance. • Damage to GIPCL equipment / machinery / vehicle: up to satisfaction of or free replacement / repair or 1.25 times the cost GIPCL shall incurs in repair / replacement. • In-spite of repeated instruction, if any worker found without safety appliances like Safety shoe, Safety helmet (inside the plant premises) or any other Safety gear which he is required to wear considering his job location, Necessary action shall be taken against that particular workmen like not allowing him in to plant premises etc. Also, a token amount of Rs 100/- per day would be deducted as per the discretion of Engineer In- charge / Safety Officer. (vi) The maximum total Penalty which shall be deductible considering all above instances shall be limited to 10% of the Total Contract Price.

PENALTY AND RECOVERY. (i) In the event the Contractor causes undue delay in execution of work performance or the performance is unsatisfactory causing interruption /stoppage of smooth operation of disposal of ash and cleaning as per scope, harm to the plant and property of GIPCL, then in such a case, GIPCL (Engineer In-charge) shall be entitled to levy a penalty on the Contractor at the rate of 1.5 times of the item rate up to a maximum of 105% of the Total Contract Price. The said penalty amount may be recovered either from the monthly invoices or the Security deposit. (ii) In addition to and without prejudice to the above, GIPCL shall also have the right to get the affected work completed by a third party or agency at the risk and cost of the Contractor/ and the Contractor shall be liable for any differential amount in the Contract price. (iii) In case of any damage of equipment / machinery / vehicle due to negligence of Contractor or any other reasons attributed to Contractor, Contractor the decision of Engineer In- charge regarding the amount of recovery shall be final and binding subject to a maximum of 105% of the Total Contract valuePrice. Recovery will be affected from the monthly bills and / or retention money / security deposit. (iv) If the Contractor fails to execute the work as per directions of Engineer In-charge within the time frame given in work order and / or day to day instructions given by Engineer In- In-charge, GIPCL shall get the work done by third party at the risk & cost of the Contractor with 1015% additional overhead charges plus applicable GST as per extant GST Laws & other taxes & duties as per applicable extant lawsof GIPCL. (v) The ascertainment of the cause of the damage shall be done by the GM (SLPP) and his decision in this regard shall be final. (vi) The decision of the Engineer In-charge as regard the amount of damages to be recovered from the Contractor shall be final. (vii) The aforesaid amounts of Penalty and Damages shall be recoverable from the monthly invoices of the Contractor or the Security deposit. If the amount of damages recoverable from the Contractor exceeds the total of invoices and/or Security deposit amount, then the Contractor shall become liable to pay the same to GIPCL and GIPCL shall be entitled to initiate appropriate proceedings against the Contractor for the same. (viii) Tentative Penalty shall be imposed to Contractor for various instances as follows: • Due to whatsoever reasons,  Cleaning underneath and / surrounding areas of Silos not executed / partially executed / executed but not up to the mark for the day (as certified by Engineer In-charge): r 5,000 per Day or Instance (whatsoever may be the case)  Non-execution / Partial execution of Cleaning underneath / surrounding areas of Silos if not executed up attributable to the mark, non-availability / partial availability or non-operating (due to whatsoever reasons) of following equipments / machinery / vehicle although due intimation in consideration to the quantum advance:  JCB – 3D: r 2,500 per Day in case of cleaning to be done and degree non-availability  Open truck / dumper for Spillage Ash Transportation: r 2,500 per Day in case of cleaning which is needed to be achieved: Rs 5,000 per day shall be levied as penalty. • non-availability  Not meeting the daily Daily Ash disposal targets Disposal target (in MT), MT as intimated to Contractor by GIPCL’s Engineer In-In- charge daily in latest on the evening for the next previous day, probably ) due to non- Non-deployment / inadequate Inadequate deployment of sufficient closed body dumpers (tippers): Rs dumpers: r 3,000 per day per non- deployed / inadequate dumper (solely based on Engineer In-charge’s assumption for total tippers which might have completed the given Ash disposal target) shall be levied as penalty. • In case of emergency i.e. critical silo level, if contractor not deploying resources at all as per his obligation for disposal of ash at predesignated location due to whatsoever reason, flat penalty of Rs 5,000 per truck/dumper per day shall be levied. For example if contractor not deploying five trucks, total penalty per day will be 5000 * 5 = 25000 Rs/day. •  Non-conducting the inspection / re-inspection of closed body dumpers, in the presence of representatives of GIPCL and non-obtaining of clearance certificate after thorough inspection of these dumpers Dumpers every 3 months: Rs r 250 per each day per dumper till the date of performing re-certification shall be levied as penaltycertification. • Spillage even minor of bed ash or fly ash through truck / closed body dumper during loading and transportation: Rs 500 per day / truck. • In any case the tippers deployed for Ash disposal to mines / spillage Ash cleaning shall maintain the normal speed limits (max. around 30-40 km per hour) while travelling through service roads / haul roads of GIPCL. If any tipper will be found over speeding, as reported to GIPCL, by any third party, Rs 1,000 per instance shall be levied as penalty. •  Absence of Site In-charge / Supervisors (except being his weekly off) Supervisors, without prior information for leave and/or any intimation to GIPCL’s Engineer In-charge: Rs r 500 per / day per / person shall be levied as penalty. • (except being his weekly off)  Un-safe work execution: Rs r 750 per day per Instance. •  Damage to GIPCL equipment / machinery / vehicle: up Up to satisfaction of or free replacement Free Replacement / repair or 1.25 times the cost GIPCL shall incurs in repair / replacement. •  In-spite of repeated instruction, if any worker found without safety appliances like Safety shoe, Safety helmet (inside the plant premises) or any other Safety gear which he is required to wear considering his job location, Necessary action shall be taken against that particular workmen like not allowing him in to plant premises etc. Also, a token amount of Rs r 100/- per day would be deducted as per the discretion of Engineer In- In-charge / Safety Officer. (viix) The maximum total Penalty which shall be deductible considering all above instances shall be limited to 105% of the Total Contract Price.

PENALTY AND RECOVERY. (i) In the event the Contractor causes undue delay in execution of work or the performance is unsatisfactory causing interruption /stoppage of smooth operation of disposal of ash and cleaning as per scope, harm to the plant and property of GIPCL, then in such a case, GIPCL (Engineer In-charge) shall be entitled to levy a penalty on the Contractor at the rate of 1.5 times of the item rate up to a maximum of 105% of the Total Contract Price. The said penalty amount may be recovered either from the monthly invoices or the Security deposit. (ii) In addition to and without prejudice to the above, GIPCL shall also have the right to get the affected work completed by a third party or agency at the risk and cost of the Contractor/ and the Contractor shall be liable for any differential amount in the Contract price. (iii) In case of any damage of equipment / machinery / vehicle due to negligence of Contractor or any other reasons attributed to Contractor, the decision of Engineer In- charge regarding the amount of recovery shall be final and binding subject to a maximum of 10% of the Contract value. Recovery will be affected from the monthly bills and / or retention money / security deposit. (iv) If the Contractor fails to execute the work as per directions of Engineer In-charge within the time frame given in work order and / or day to day instructions given by Engineer In- In-charge, GIPCL shall get the work done by third party at the risk & cost of the Contractor with 10% additional overhead charges plus applicable GST as per extant GST Laws & other taxes & duties as per applicable extant lawsof GIPCL. (v) The ascertainment of the cause of the damage shall be done by the GM (SLPP) and his decision in this regard shall be final. (vi) The decision of the Engineer In-charge as regard the amount of damages to be recovered from the Contractor shall be final. (vii) Penalty shall be imposed to Contractor for various instances as follows: •  Due to whatsoever reasons, Cleaning underneath and surrounding areas of Silos if not executed up to the mark, in consideration to the quantum of cleaning to be done and degree of cleaning which is needed to be achieved: achieved (this shall be duly certified by Engineer In-charge daily evening by physical inspection of the areas): Rs 5,000 per day shall be levied as penalty. •  Not meeting the daily Ash disposal targets (in MT), intimated to Contractor by GIPCL’s Engineer In-charge daily in the evening for the next day, probably due to non- non-deployment / inadequate deployment of sufficient closed body dumpers (tippers): Rs 3,000 per day per inadequate dumper (solely based on Engineer In-In- charge’s assumption for total tippers which might have completed the given Ash disposal target) shall be levied as penalty. • In case of emergency i.e. critical silo level, if contractor not deploying resources at all as per his obligation for disposal of ash at predesignated location due to whatsoever reason, flat penalty of Rs 5,000 per truck/dumper per day shall be levied. For example if contractor not deploying five trucks, total penalty per day will be 5000 * 5 = 25000 Rs/day. •  Non-conducting the inspection / re-inspection of closed body dumpers, in the presence of representatives of GIPCL and non-obtaining of clearance certificate after thorough inspection of these dumpers every 3 months: Rs 250 per each day per dumper till the date of performing re-certification shall be levied as penalty. •  Spillage even minor of bed ash or fly ash through truck / closed body dumper during loading and transportation: Rs 500 per day / truck. •  In any case the tippers deployed for Ash disposal to mines / spillage Ash cleaning shall maintain the normal speed limits (max. around 30-40 km per hour) while travelling through service roads / haul roads of GIPCL. If any tipper will be found over speeding, as reported to GIPCL, by any third party, Rs 1,000 per instance shall be levied as penalty. •  Absence of Site In-charge / Supervisors (except being his weekly off) without prior information for leave and/or any intimation to GIPCL’s Engineer In-charge: Rs 500 per day per person shall be levied as penalty. • penalty  Un-safe work execution: Rs 750 per day per Instance. •  Damage to GIPCL equipment / machinery / vehicle: up to satisfaction of or free replacement / repair or 1.25 times the cost GIPCL shall incurs in repair / replacement. •  In-spite of repeated instruction, if any worker found without safety appliances like Safety shoe, Safety helmet (inside the plant premises) or any other Safety gear which he is required to wear considering his job location, Necessary action shall be taken against that particular workmen like not allowing him in to plant premises etc. Also, a token amount of Rs 100/- per day would be deducted as per the discretion of Engineer In- In-charge / Safety Officer. (viviii) The maximum total Penalty which shall be deductible considering all above instances shall be limited to 10% of the Total Contract Price.

PENALTY AND RECOVERY. (i) In the event the Contractor causes undue delay in execution of work performance or the performance is unsatisfactory causing interruption /stoppage of smooth operation of disposal of ash and cleaning as per scope, harm to the plant and property of GIPCL, then in such a case, GIPCL (Engineer In-charge) shall be entitled to levy a penalty on the Contractor at the rate of 1.5 times of the item rate up to a maximum of 105% of the Total Contract Price. The said penalty amount may be recovered either from the monthly invoices or the Security deposit. (ii) In addition to and without prejudice to the above, GIPCL shall also have the right to get the affected work completed by a third party or agency at the risk and cost of the Contractor/ and the Contractor shall be liable for any differential amount in the Contract price. (iii) In case of any damage of equipment / machinery / vehicle due to negligence of Contractor or any other reasons attributed to Contractor, Contractor the decision of Engineer In- charge regarding the amount of recovery shall be final and binding subject to a maximum of 105% of the Total Contract valuePrice. Recovery will be affected from the monthly bills and / or retention money / security deposit. (iv) If the Contractor fails to execute the work as per directions of Engineer In-charge within the time frame given in work order and / or day to day instructions given by Engineer In- In-charge, GIPCL shall get the work done by third party at the risk & cost of the Contractor with 1015% additional overhead charges plus applicable GST as per extant GST Laws & other taxes & duties as per applicable extant lawsof GIPCL. (v) The ascertainment of the cause of the damage shall be done by the GM (SLPP) and his decision in this regard shall be final. (vi) The decision of the Engineer In-charge as regard the amount of damages to be recovered from the Contractor shall be final. (vii) The aforesaid amounts of Penalty and Damages shall be recoverable from the monthly invoices of the Contractor or the Security deposit. If the amount of damages recoverable from the Contractor exceeds the total of invoices and/or Security deposit amount, then the Contractor shall become liable to pay the same to GIPCL and GIPCL shall be entitled to initiate appropriate proceedings against the Contractor for the same. (viii) Tentative Penalty shall be imposed to Contractor for various instances as follows: • Due to whatsoever reasons, Cleaning underneath and surrounding areas  Non availability of Silos if not executed up to the mark, following equipments / machinery / vehicle although due intimation in consideration to the quantum of cleaning to be done and degree of cleaning which is needed to be achievedadvance: Rs 5,000  JCB – 3D / Un-Satisfactory work: r 1,000 per day shall be levied as penalty. • Not meeting the daily Ash disposal targets (Day in MT), intimated to Contractor by GIPCL’s Engineer In-charge daily in the evening for the next day, probably due to non- deployment / inadequate deployment of sufficient closed body dumpers (tippers): Rs 3,000 per day per inadequate dumper (solely based on Engineer In-charge’s assumption for total tippers which might have completed the given Ash disposal target) shall be levied as penalty. • In case of emergency i.e. critical silo level, if contractor not deploying resources at all as per his obligation for disposal of ash at predesignated location due to whatsoever reason, flat penalty of Rs 5,000 per truck/dumper per day shall be levied. For example if contractor not deploying five trucks, total penalty per day will be 5000 * 5 = 25000 Rs/day. • Non-conducting the inspection / re-inspection of closed body dumpers, in the presence of representatives of GIPCL and non-obtaining of clearance certificate after thorough inspection of these dumpers every 3 months: Rs 250 per each day per dumper till the date of performing re-certification shall be levied as penalty. • Spillage even minor of bed ash or fly ash through truck / closed body dumper during loading and transportation: Rs 500 per day / truck. • In any case the tippers deployed availability  Open Truck/Dumper for Ash disposal to mines / spillage Ash cleaning shall maintain the normal speed limits (max. around 30-40 km per hour) while travelling through service roads / haul roads of GIPCL. If any tipper will be found over speeding, as reported to GIPCL, by any third party, Rs Transportation: r 1,000 per instance shall be levied as penalty. • Absence Day in case of Site Innon- availability  Closed body Dumper for Ash Disposal: r 2,000 per Day per Dumper in case of non-charge / Supervisors (except being his weekly off) without prior information for leave and/or any intimation to GIPCL’s Engineer In-charge: Rs 500 per day per person shall be levied as penalty. • availability  Un-safe work execution: Rs r 750 per day per Instance. •  Damage to GIPCL equipment / machinery / vehicle: up Up to satisfaction of or free replacement Free Replacement / repair or 1.25 times the cost GIPCL shall incurs in repair / replacement. •  In-spite of repeated instruction, if any worker found without safety appliances like Safety shoe, Safety helmet (inside the plant premises) or any other Safety gear which he is required to wear considering his job location, Necessary action shall be taken against that particular workmen like not allowing him in to plant premises etc. Also, a token amount of Rs r 100/- per day would be deducted as per the discretion of Engineer In- In-charge / Safety Officer. (viix) The maximum total Penalty which shall be deductible considering all above instances shall be limited to 105% of the Total Contract Price.

PENALTY AND RECOVERY. (i) In the event the Contractor causes undue delay in execution of work performance or the performance is unsatisfactory causing interruption /stoppage of smooth operation of disposal of ash and cleaning as per scope, harm to the plant and property of GIPCL, then in such a case, GIPCL (Engineer In-charge) shall be entitled to levy a penalty on the Contractor at the rate of 1.5 times of the item rate up to a maximum of 105% of the Total Contract Price. The said penalty amount may be recovered either from the monthly invoices or the Security deposit. (ii) In addition to and without prejudice to the above, GIPCL shall also have the right to get the affected work completed by a third party or agency at the risk and cost of the Contractor/ and the Contractor shall be liable for any differential amount in the Contract price. (iii) In case of any damage of equipment / equipment/machinery / vehicle due to negligence of Contractor or any other reasons attributed to Contractor, Contractor the decision of Engineer In- In-charge regarding the amount of recovery shall be final and binding subject to a maximum of 105% of the Total Contract valuePrice. Recovery will be affected from the monthly bills and / or retention money / security deposit. (iv) If the Contractor fails to execute the work as per directions of Engineer In-charge within the time frame given in work order and / or day to day instructions given by Engineer In- In-charge, GIPCL shall get the work done by third party at the risk & cost of the Contractor with 1015% additional overhead charges plus applicable GST as per extant GST Laws & other taxes & duties as per applicable extant lawsof GIPCL. (v) The ascertainment of the cause of the damage shall be done by the AGM (SLPP) and his decision in this regard shall be final. (vi) The decision of the Engineer In-charge as regard the amount of damages to be recovered from the Contractor shall be final. (vii) The aforesaid amounts of Penalty and Damages shall be recoverable from the monthly invoices of the Contractor or the Security deposit. If the amount of damages recoverable from the Contractor exceeds the total of invoices and/or Security deposit amount, then the Contractor shall become liable to pay the same to GIPCL and GIPCL shall be entitled to initiate appropriate proceedings against the Contractor for the same. (viii) Tentative Penalty shall be imposed to Contractor for various instances as follows: • Due to whatsoever reasons, Cleaning underneath and surrounding areas Non availability of Silos if not executed up to the mark, following equipments / machinery although due intimation in consideration to the quantum of cleaning to be done and degree of cleaning which is needed to be achievedadvance: Rs 5,000 ⮚ JCB – 3D / Un-Satisfactory work: r 1,000 per day shall be levied as penalty. • Not meeting the daily Ash disposal targets (Day in MT), intimated to Contractor by GIPCL’s Engineer In-charge daily in the evening for the next day, probably due to non- deployment / inadequate deployment of sufficient closed body dumpers (tippers): Rs 3,000 per day per inadequate dumper (solely based on Engineer In-charge’s assumption for total tippers which might have completed the given Ash disposal target) shall be levied as penalty. • In case of emergency i.e. critical silo level, if contractor not deploying resources at all as per his obligation for disposal of ash at predesignated location due to whatsoever reason, flat penalty of Rs 5,000 per truck/dumper per day shall be levied. For example if contractor not deploying five trucks, total penalty per day will be 5000 * 5 = 25000 Rs/day. • Non-conducting the inspection / re-inspection of closed body dumpers, in the presence of representatives of GIPCL and non-obtaining of clearance certificate after thorough inspection of these dumpers every 3 months: Rs 250 per each day per dumper till the date of performing re-certification shall be levied as penalty. • Spillage even minor of bed ash or fly ash through truck / closed body dumper during loading and transportation: Rs 500 per day / truck. • In any case the tippers deployed availability ⮚ Open Truck for Ash disposal to mines / spillage Ash cleaning shall maintain the normal speed limits (max. around 30-40 km per hour) while travelling through service roads / haul roads of GIPCL. If any tipper will be found over speeding, as reported to GIPCL, by any third party, Rs Transportation: r 1,000 per instance shall be levied as penalty. • Absence Day in case of Site Innon-charge / Supervisors (except being his weekly off) without prior information availability ⮚ Closed body Dumper for leave and/or any intimation to GIPCL’s Engineer InAsh Disposal: r 2,000 per Day per Dumper in case of non-charge: Rs 500 per day per person shall be levied as penalty. availability • Un-safe work execution: Rs r 750 per day per Instance. Instance • Damage to GIPCL equipment / machinery / vehiclemachinery: up Up to satisfaction of or free replacement Free Replacement / repair or 1.25 times the cost GIPCL shall incurs in repair / replacement. replacement • In-spite of repeated instruction, if any worker found without safety appliances like Safety shoe, Safety helmet (inside the plant premises) or any other Safety gear which he is required to wear considering his job location, Necessary action shall be taken against that particular workmen like not allowing him in to plant premises etc. Also, a token amount of Rs r 100/- per day would be deducted as per the discretion of Engineer In- In-charge / Safety Officer. (viix) The maximum total Penalty which shall be deductible considering all above instances shall be limited to 105% of the Total Contract Price.

PENALTY AND RECOVERY. (i) In the event the Contractor causes undue delay in execution of work or the performance is unsatisfactory causing interruption /stoppage of smooth operation of disposal of ash and cleaning as per scope, harm to the plant and property of GIPCL, then in such a case, GIPCL (Engineer In-charge) shall be entitled to levy a penalty on the Contractor at the rate of 1.5 times of the item rate up to a maximum of 10% of the Total Contract Price. The said penalty amount may be recovered either from the monthly invoices or the Security deposit. (ii) In addition to and without prejudice to the above, GIPCL shall also have the right to get the affected work completed by a third party or agency at the risk and cost of the Contractor/ and the Contractor shall be liable for any differential amount in the Contract price. (iii) In case of any damage of equipment / equipment/machinery / vehicle due to negligence of Contractor or any other reasons attributed to Contractor, Contractor the decision of Engineer In- In-charge regarding the amount of recovery shall be final and binding subject to a maximum of 10% of the Contract value. Recovery will be affected from the monthly bills and / or retention money / security deposit. (ivii) If the Contractor fails to execute the work as per directions of Engineer In-charge within the time frame given in work order and / or day to day instructions given by Engineer In- In-charge, GIPCL shall get the work done by third party at the risk & cost of the Contractor with 10% additional overhead charges plus applicable GST as per extant GST Laws & other taxes & duties as per applicable extant lawsLaws. (iii) The ascertainment of the cause of the damage shall be done by the GM (SLPP) and his decision in this regard shall be final. (iv) The aforesaid amounts of Penalty and Damages shall be recoverable from the monthly invoices of the Contractor or the Security deposit. If the amount of damages recoverable from the Contractor exceeds the total of invoices and/or Security deposit amount, then the Contractor shall become liable to pay the same to GIPCL and GIPCL shall be entitled to initiate appropriate proceedings against the Contractor for the same. (v) Tentative Penalty shall be imposed to Contractor for various instances as follows: • Due to whatsoever reasons, Cleaning underneath and surrounding areas Non availability of Silos if not executed up to the mark, following equipments / machinery although due intimation in consideration to the quantum of cleaning to be done and degree of cleaning which is needed to be achievedadvance: Rs ▪ Dozer D-80 / Un-Satisfactory work: Rs. 5,000 per day shall be levied as penalty. • Not meeting the daily Ash disposal targets (Day in MT), intimated to Contractor by GIPCL’s Engineer In-charge daily in the evening for the next day, probably due to non- deployment / inadequate deployment of sufficient closed body dumpers (tippers): Rs 3,000 per day per inadequate dumper (solely based on Engineer In-charge’s assumption for total tippers which might have completed the given Ash disposal target) shall be levied as penalty. • In case of emergency i.e. critical silo level, if contractor not deploying resources at all as per his obligation for disposal of ash at predesignated location due to whatsoever reason, flat penalty of Rs 5,000 per truck/dumper per day shall be levied. For example if contractor not deploying five trucks, total penalty per day will be 5000 * 5 = 25000 Rs/day. • Non-conducting the inspection / re-inspection of closed body dumpers, in the presence of representatives of GIPCL and non-obtaining of clearance certificate after thorough inspection of these dumpers every 3 months: Rs 250 per each day per dumper till the date of performing re-certification shall be levied as penalty. • Spillage even minor of bed ash or fly ash through truck / closed body dumper during loading and transportation: Rs 500 per day / truck. • In any case the tippers deployed for Ash disposal to mines / spillage Ash cleaning shall maintain the normal speed limits (max. around 30-40 km per hour) while travelling through service roads / haul roads of GIPCL. If any tipper will be found over speeding, as reported to GIPCL, by any third party, Rs 1,000 per instance shall be levied as penalty. non- availability • Absence of Site In-charge / Supervisors (except being his weekly off) Dozer operator without prior information for leave and/or any intimation to GIPCL’s approval from Engineer In-charge: Rs 500 per Rs. 1000 / day per / person shall be levied as penalty. • Un-safe work execution: Rs Rs. 750 per day per Instance. • Damage to GIPCL equipment / machinery / vehicle: up to satisfaction of or free replacement / repair or 1.25 times the cost GIPCL shall incurs in repair / replacement. Instance • In-spite of repeated instruction, if any worker found without safety appliances like Safety shoe, Safety helmet (inside the plant premises) or any other Safety gear which he is required has to wear considering his job location, Necessary action shall be taken against that particular workmen like not allowing him in to plant premises etc. Also, a token amount of Rs Rs. 100/- per day would be deducted as per the discretion of Engineer In- In-charge / Safety Officer. (vi) The maximum total Penalty which shall be deductible considering all above instances shall be limited to 10% of the Total Contract PriceValue.