Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to: (a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement; (b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and (c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply. (ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 65 contracts
Samples: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement
Remedial Work. (i) 11.13.1 Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) 11.13.2 If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i)11.13.1, within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 34 contracts
Samples: Draft Contract Agreement, Draft Contract Agreement (Dca), Draft Contract Agreement
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within the time specified in the Authority’s EngineerEngineerunderClause11.13(i),withinthetimespecifiedintheAuthority’sEngineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 6 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
Remedial Work. (i) 11.13.1 Notwithstanding any previous test or certification, the Authority’s Authority Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project HighwayRailway Project, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work which is required on account of a Force Majeure Event, the provisions of Clause 21.6 19.6 shall apply.
(ii) 11.13.2 If the Contractor fails to comply with the instructions issued by the Authority’s Authority Engineer under Clause 11.13 (i)11.13.1, within the time specified in the Authority’s Authority Engineer’s notice or as mutually agreed, the Authority’s Authority Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 5 contracts
Samples: Engineering, Procurement and Construction (Epc) Agreement, Epc Agreement, Epc Agreement
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within the time specified in the Authority’s EngineerEngineerunderClause11.13(i),withinthetimespecifiedintheAuthority’sEngineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to Page 76 of 148 have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 5 contracts
Samples: Construction Contract, Contract Agreement, Construction Contract
Remedial Work. (i) 11.13.1 Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove Remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove Remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute Execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) 11.13.2 If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i)11.13.1, within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 5 contracts
Samples: Contract Agreement, Contract Agreement, Contract Agreement
Remedial Work. (i) 11.13.1 Notwithstanding any previous test or certification, the Authority’s Authority‟s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) 11.13.2 If the Contractor fails to comply with the instructions issued by the Authority’s Authority‟s Engineer under Clause 11.13 (i)11.13.1, within the time specified in the Authority’s Engineer’s Authority‟s Engineer‟s notice or as mutually agreed, the Authority’s Authority‟s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 5 contracts
Samples: Engineering, Procurement and Construction Agreement, Epc Agreement, Construction Contract
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project HighwayProject, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 5 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
Remedial Work. (i) 11.13.1 Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project HighwayRailway Project, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work which is required on account of a Force Majeure Event, the provisions of Clause 21.6 19.6 shall apply.
(ii) 11.13.2 If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i)11.13.1, within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 4 contracts
Samples: Standard Engineering, Procurement and Construction (Epc) Agreement for Railway Projects, Standard Engineering, Procurement and Construction (Epc) Agreement for Railway Projects, Standard Engineering, Procurement and Construction (Epc) Agreement for Railway Projects
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within the time specified in the Authority’s EngineerEngineerunderClause11.13(i),withinthetimespecifiedintheAuthority’sEngineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to Page 77 of 148 have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 3 contracts
Samples: Contract Agreement, Contract Agreement, Construction Contract
Remedial Work. (i) 11.13.1 Notwithstanding any previous test or certification, the AuthorityEmployer’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project HighwayWorks, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) 11.13.2 If the Contractor fails to comply with the instructions issued by the AuthorityEmployer’s Engineer under Clause 11.13 (i)11.13.1, within the time specified in the AuthorityEmployer’s Engineer’s notice or as mutually agreed, the AuthorityEmployer’s Engineer may advise the Authority Employer to have the work executed by another agency. The cost so incurred by the Authority Employer for undertaking such work shall, without prejudice to the rights of the Authority Employer to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority Employer from any monies due to be paid to the Contractor.
Appears in 3 contracts
Samples: Demonstration Agreement, Epc Agreement, Contract Agreement for Design and Construction
Remedial Work. (i) 11.13.1 Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project HighwayProject, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work which is required on account of a Force Majeure Event, the provisions of Clause 21.6 19.6 shall apply.
(ii) 11.13.2 If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i)11.13.1, within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 2 contracts
Samples: Engineering, Procurement and Construction Agreement, Engineering, Procurement and Construction Agreement
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s 's Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s 's Engineer under Clause 11.13 (i), within the time specified in the Authority’s 's
(iii) Engineer’s 's notice or as mutually agreed, the Authority’s 's Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 2 contracts
Samples: Construction Contract, Construction Contract
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; andStandards;and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within Clause11.13(i),within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 2 contracts
Samples: Construction Contract, Construction Contract
Remedial Work.
(i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 2 contracts
Samples: Contract Agreement, Contract Agreement
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (iEngineerunderClause11.13(i), within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 2 contracts
Samples: Construction Contract, Construction Contract
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project HighwayFoot track, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 2 contracts
Samples: Engineering Procurement and Construction Agreement, Engineering Procurement and Construction Agreement
Remedial Work. (i) 11.13.1 Notwithstanding any previous test or certification, the Authority’s Employer's Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project HighwayWorks, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) 11.13.2 If the Contractor fails to comply with the instructions issued by the Authority’s Employer's Engineer under Clause 11.13 (i)11.13.1, within the time specified in the Authority’s Employer's Engineer’s 's notice or as mutually agreed, the Authority’s Employer's Engineer may advise the Authority Employer to have the work executed by another agency. The cost so incurred by the Authority Employer for undertaking such work shall, without prejudice to the rights of the Authority Employer to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority Employer from any monies due to be paid to the Contractor.
Appears in 2 contracts
Samples: Epc Agreement, Engineering, Procurement and Construction Agreement
Remedial Work. (i) 11.12.1 Notwithstanding any previous test or certification, the Authority’s Engineer Authority may instruct the Contractor to:
(a) remove Remove from the Site Project and replace any Plant or Materials plant, machinery, equipments, furniture& fixtures and Project Assets which are is not in accordance with the provisions of this Contract Agreement;
(b) remove Remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and StandardsContract Agreement; and
(c) execute Execute any work which is urgently required for the safety of the Project HighwayProject, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, ; the provisions of Clause 21.6 Clause19.6 shall apply.
(ii) 11.12.2 If the Contractor fails to comply with the instructions issued by the Authority’s Engineer Authority under Clause 11.13 (i)11.13.1, within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer Authority may advise the Authority to have get the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Contract Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 2 contracts
Samples: Draft Contract Agreement, Contract Agreement
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the Rangagara to Kaliabor Tiniali of NH-37 (Old) from Km 297+000 to Km 315+315 (18.315 Km), under SARDP-NE, under EPC Mode at the Risk and Cost of EPC Contractor-2nd Call provisions of this Agreement and the Specification and Standards; andStandards;and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within Clause11.13(i),within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 1 contract
Samples: Construction Contract
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 Clause11.13 (i), within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 1 contract
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct Instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 1 contract
Samples: Epc Agreement
Remedial Work. (i) 11.13.1 Notwithstanding any previous test or certification, the Authority’s Authority‟s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project HighwayProject, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) 11.13.2 If the Contractor fails to comply with the instructions issued by the Authority’s Authority‟s Engineer under Clause 11.13 (i)11.13.1, within the time specified in the Authority’s Engineer’s Authority‟s Engineer‟s notice or as mutually agreed, the Authority’s Authority‟s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 1 contract
Samples: Epc Agreement
Remedial Work. (i) 12.13.1 Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor Concessionaire to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project HighwayRailway Project, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work which is required on account of a Force Majeure Event, the provisions of Clause 21.6 22.6 shall apply.
(ii) 12.13.2 If the Contractor Concessionaire fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i)12.13.1, within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor Concessionaire and may be deducted by the Authority from any monies due to be paid to the ContractorConcessionaire.
Appears in 1 contract
Samples: Concession Agreement
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Widening/Improvement to 4 (Four) Lane with Paved Shoulder from KM 131+500 to Km 146+250 (Design Chainage 131+152 to 145+712) of Manja – Dillai Section (Package-7) of NH 29 in the state of Assam on EPC mode Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 1 contract
Samples: Contract Agreement
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s 's Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s 's Engineer under Clause 11.13 (i), within the time specified in the Authority’s 's Engineer’s 's notice or as mutually agreed, the Authority’s 's Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 1 contract
Samples: Construction Contract
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i11.13.(i), within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 1 contract
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with under the provisions of this Agreement;
(b) remove and re-execute any work which that is not in accordance with under the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which that is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event event, or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with under the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 1 contract
Samples: Engineering Procurement and Construction (Epc) Agreement
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Authority‟s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Authority‟s Engineer under Clause 11.13 (i), within the time specified in the Authority’s Engineer’s Authority‟s Engineer‟s notice or as mutually agreed, the Authority’s Authority‟s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 1 contract
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; km) in the state of Manipur – 2nd call September 2020 provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 1 contract
Samples: Contract Agreement
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.. Improvement and widening to two lane with paved shoulder of road from Km 63.700 to Km 75.700 (Total length: 12.000 km) i.e. Bamanchara - Srirampur section of NH- 208 (Package-IV) in the state of Tripura on EPC basis
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 1 contract
Samples: Contract Agreement
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in P a g e | 66 case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i), within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 1 contract
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct in- struct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance accord- ance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project HighwayHigh- way, whether because of an accident, unforeseeable event or otherwise; provided provid- ed that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer Engi- xxxx under Clause 11.13 (i), within the time specified in the Authority’s Engineer’s notice no- xxxx or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking under- taking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 1 contract
Samples: Construction Contract
Remedial Work. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project Highway, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, the provisions of Clause 21.6 shall apply.
(ii) If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i11.13(i), within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 1 contract
Samples: Construction Contract
Remedial Work. (i) 11.13.1 Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractor to:
(a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of this Agreement;
(b) remove and re-execute any work which is not in accordance with the provisions of this Agreement and the Specification and Standards; and
(c) execute any work which is urgently required for the safety of the Project HighwayProject, whether because of an accident, unforeseeable event or otherwise; provided that in case of any work required on account of a Force Majeure Event, ; the provisions of Clause 21.6 shall apply.
(ii) 11.13.2 If the Contractor fails to comply with the instructions issued by the Authority’s Engineer under Clause 11.13 (i)11.13.1, within the time specified in the Authority’s Engineer’s notice or as mutually agreed, the Authority’s Engineer may advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shall, without prejudice to the rights of the Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable from the Contractor and may be deducted by the Authority from any monies due to be paid to the Contractor.
Appears in 1 contract
Samples: Draft Agreement for RFP for Beautification of Streets