Terminations for Default. (i) Notice for Termination for Default: In the event of unsatisfactory resolution of ‘Notice of Default’ within two weeks of its issue as per subclause above, MDL if so decided, shall by written Notice of Termination for Default sent to the contractor, terminate the contract in whole or in part, without compensation to the contractor.
(ii) Such termination shall not prejudice or affect the rights and remedies, including under sub-clause below, which have accrued and/ or shall accrue to MDL after that.
(iii) Unless otherwise instructed by MDL, the contractor shall continue to perform the contract to the extent not terminated. All warranty obligations, if any, shall continue to survive despite the termination.
Terminations for Default. Nepal Telecom may, without prejudice to any other remedy for the breach of contract, by written notice of default sent to Supplier, terminate this contract in whole or in part: If the Bidder fails to sign an agreement If the Supplier fails to deliver any or all of the Goods within the time period (s) specified in the Contract, or any extension thereof granted by the purchaser. If the Supplier fails to perform any other contractual obligation (s) under the contract; If the Supplier, in either of the above circumstances, does not cure its failure within a period of thirty (30) days (or such longer period as the Purchase may authorize in writing) after the receipt of the default notice from the Purchaser. If it is proved that the Contractor has committed substantial defect in implementation of the contract or has not substantially fulfilled his obligations under the contract or the completed work is not of the specified quality as per the contract , If convicted by a court of law in a criminal offence which disqualifies the bidder from participating in the contract. If it is proved that the contract agreement signed by the bidder was based on false or misrepresentation of bidder’s qualification information, Other acts mentioned in the Bidding documents.
20.1.1 In the event the Purchaser terminates the Contract in whole or in part, pursuant to Sub - Clause 20.1, the Purchaser may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier shall be liable to the Purchaser for any excess costs for such similar Goods or Services. However, the Supplier shall continue performance of the Contract to the extent not terminated.
20.1.2 After this, necessary action will be carried out to black list the Supplier and the notice of black listed shall be circulated to all departments of Nepal Telecom. The Supplier who has been black listed shall not be eligible to participate in any tender and sealed quotations of the Nepal Telecom.
20.1.3 Nepal Telecom shall also forward the necessary paper to the Public Procurement Monitoring Office (PPMO) to black-list the Contractor. Without prejudice to any other rights of the Purchaser under this Contract, the PPMO may blacklist a Bidder for his conduct up to three years.
Terminations for Default
