Reduction of payment for non performance of Maintenance obligations
(i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set forth in Schedule-E within the period specified therein, it shall be deemed as failure of performance of Maintenance obligations by the Contractor and the Authority shall be entitled to effect reduction in monthly lump sum payment for maintenance in accordance with Clause 19.7 and Schedule-M, without prejudice to the rights of the Authority under this Agreement, including Termination thereof.
(ii) If the nature and extent of any Defect justifies more time for its repair or rectification than the time specified in Schedule-E, the Contractor shall be entitled to additional time in conformity with Good Industry Practice. Such additional time shall be determined by the Authority’s Engineer and conveyed to the Contractor and the Authority with reasons thereof.
Reduction of payment for non performance of Maintenance obligations (i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set Drafit Concession AgreementPage 87 of 145 Restoration & Rehabilitation of Road from Km 21.00 to Km 28.00 on NH-4 (old NH-233) in the Union Territory of Andaman & Nicobar Islands in the FY 2022-23 on EPC Basis Jun. 2022 forth in Schedule-E within the period specified therein, it shall be deemed as failure of performance of Maintenance obligations by the Contractor and the Authority shall be entitled to effect reduction in monthly lump sum payment for maintenance in accordance with Clause 19.7 and Schedule-M, without prejudice to the rights of the Authority under this Agreement, including Termination thereof.
Reduction of payment for non performance of Maintenance obligations (i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set forth in Schedule-E within the period specified therein, it shall be deemed as failure of Draft Contract AgreementPage 88 of 261 S-D Tunnel 2022 performance of Maintenance obligations by the Contractor and the Authority shall be entitled to effect reduction in monthly lump sum payment for maintenance in accordance with Clause 19.7 and Schedule-M, without prejudice to the rights of the Authority under this Agreement, including Termination thereof.
Reduction of payment for non performance of Maintenance obligations (i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set Draft Contract AgreementPage 87 of 144 Construction of Uni-directional Tunnel i.e. length of 2.64/2.63km (Tube-1/Tube-2) and its approach (P-II) in the UT of J&K Jan. 2021 forth in Schedule-E within the period specified therein, it shall be deemed as failure of performance of Maintenance obligations by the Contractor and the Authority shall be entitled to effect reduction in monthly lump sum payment for maintenance in accordance with Clause 19.7 and Schedule-M, without prejudice to the rights of the Authority under this Agreement, including Termination thereof.
Reduction of payment for non performance of Maintenance obligations (i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set Draft Contract AgreementPage 94 of 155 Construction of Balance Work of 2 Lane with Paved Shoulders of Joram-Koloriang road (NH 713) on EPC basis from existing Km 138.00 to Km 158.000 (Design Km 122.353 to Km 138.389)[Design length- 16.036 Km] in the State of Arunachal Pradesh under SARDP-NE Aug. 2021 forth in Schedule-E within the period specified therein, it shall be deemed as failure of performance of Maintenance obligations by the Contractor and the Authority shall be entitled to effect reduction in monthly lump sum payment for maintenance in accordance with Clause 19.7 and Schedule-M, without prejudice to the rights of the Authority under this Agreement, including Termination thereof.
Reduction of payment for non performance of Maintenanceobligations (i) In the event that the Contractor fails to repair or rectify any Defect or deficiency set forth in Schedule-E within the period specified therein, it shall be deemed as failureof Draft Contract AgreementPage 87 of 146 “Construction of two lane with paved shoulders road from Tamenglong to Mahur (NH-137) in the State of Manipur from km 43.480 near Phelong Village to km 54.180 near Azuram Village (Length- 10.700 km) (Package-4) on EPC mode.” May 2021 performance of Maintenance obligations by the Contractor and the Authority shall be entitled to effect reduction in monthly lump sum payment for maintenance in accordance with Clause 19.7 and Schedule-M, without prejudice to the rights of the Authority under this Agreement, including Termination thereof.
