Common use of Remedialwork Clause in Contracts

Remedialwork. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractorto: (a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of thisAgreement; (b) remove and re-execute any work which is not in accordance with the provisionsofthisAgreementandtheSpecificationandStandards;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 shallapply. (ii) If the Contractor fails to comply with the instructions issued by the Authority’s EngineerunderClause11.13(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 theContractor.

Remedialwork. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractorto: (a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of thisAgreement; (b) remove and re-execute any work which is not in accordance with the provisionsofthisAgreementandtheSpecificationandStandards;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 shallapply. (ii) If the Contractor fails to comply with the instructions issued by the Authority’s EngineerunderClause11.13(i),withinthetimespecifiedintheAuthority’sEngineerEngineerunderClause11.13(i),withinthetimespecifiedintheAuthority’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 theContractor.

Remedialwork. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractorto: (a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of thisAgreement; (b) remove and re-execute any work which is not in accordance with the provisionsofthisAgreementandtheSpecificationandStandards;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 shallapply. (ii) If the Contractor fails to comply with the instructions issued by the Authority’s EngineerunderClause11.13(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 theContractor.

Remedialwork. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractorto: (a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of thisAgreement; (b) remove and re-execute any work which is not in accordance with the provisionsofthisAgreementandtheSpecificationandStandards;and (c) execute any work which is urgently required for the safety of the Project State of Manipur” November 2020 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 shallapply. (ii) If the Contractor fails to comply with the instructions issued by the Authority’s EngineerunderClause11.13(i),withinthetimespecifiedintheAuthority’sEngineerEngineerunderClause11.13(i),withinthetimespecifiedintheAuthority’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 theContractor.

Remedialwork. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractorto: (a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of thisAgreement; (b) remove and re-execute any work which is not in accordance with the provisionsofthisAgreementandtheSpecificationandStandards;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 shallapply. (ii) If the Contractor fails to comply with the instructions issued by the Authority’s EngineerunderClause11.13(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 theContractor.

Remedialwork. ‌ (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractorto:instruct (a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of thisAgreement; (b) remove and re-execute any work which is not in accordance with the provisionsofthisAgreementandtheSpecificationandStandards;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 shallapply. (ii) If the Contractor fails to comply with the instructions issued by the Authority’s EngineerunderClause11.13(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 theContractor.

Remedialwork. (i) Notwithstanding any previous test or certification, the Authority’s Engineer may instruct the Contractorto: : (a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of thisAgreement; ; (b) remove and re-execute any work which is not in accordance with the provisionsofthisAgreementandtheSpecificationandStandards;and provisionsofthisAgreementandtheSpecificationandStandards;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 shallapply. . Contract AgreementPage 76 of 251 Construction of Service Road and RCC Drain on both sides of NH 37A from Kaliabor –Tiniali- (Km 0.000) to Kolong Bridge (Km 0.600) in Nagaon district in the state of Assam under EPC Mode Nov 2023 (ii) If the Contractor fails to comply with the instructions issued by the Authority’s EngineerunderClause11.13(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 theContractor.

Remedialwork. (i) Notwithstanding Not with standing any previous test or certification, the Authority’s Engineer may instruct Instruct the ContractortoContractor to: (a) remove from the Site and replace any Plant or Materials which are not in accordance with the provisions of thisAgreementthis Agreement; (b) remove and re-execute any work which is not in accordance inaccordance with the provisionsofthisAgreementandtheSpecificationandStandards;andprovisions of this Agreement and the Specification and Standards; and (c) execute any work which is urgently required for the safety of the Project Highway, theProject,whether because of an accident, unforeseeable event or otherwise; provided that providedthat in case of any work required on account of a Force Majeure Event, the provisions theprovisions of Clause 21.6 shallapply21.6shallapply. (ii) If the Contractor fails to comply with the instructions issued by the Authority’s EngineerunderClause11.13(i),withinthetimespecifiedintheAuthority’sEngineerEngineer under Clause11.13 (i), with in the time specified in the Authority’s notice or Engineer’s noticeor as mutually agreed, the Authority’s Engineer may Engineermay advise the Authority to have the work executed by another agency. The cost so incurred by the Authority for undertaking such work shallworkshall, without prejudice to the rights of the ofthe Authority to recover Damages in accordance with the provisions of this Agreement, be recoverable berecoverable from the Contractor and may be deducted by the Authority from any monies anymonies due to be paid to theContractorpaidtotheContractor.