Common use of VALIDITY OF PERFORMANCE SECURITY Clause in Contracts

VALIDITY OF PERFORMANCE SECURITY. The Performance Security shall be valid until a date 28 days after the date of issue of the Defects Liability Certificate. The security shall be returned to the Contractor within 14 days of expiration. Add The Resident Engineer shall provide a 28days Notice to the Contractor informing him of the early expiry of his Performance Security. Upon receipt of such a Notice the Contractor shall before lapse of 14days extend the Performance security and provide evidence of such an extension to the Resident Engineer. Failure by the contractor to renew his performance Security 7days to its expiry the resident Engineer will Request the Engineer to redeem it. Such a request shall be handled immediately and the performance security recovered. SUB CLAUSE 10. 3 - CLAIMS UNDER PERFORMANCE SECURITY Delete the entire sub-clause 10.3. The Employer shall be at liberty to claim part or the entire performance Security without informing or notifying the Contractor provided that the conditions neccesitating the claim are contractual. ADD NEW SUBCLAUSE; ‘SUBCLAUSE 10. 4 - COST OF PERFORMANCE SECURITY The cost of complying with the requirements of this clause shall be borne by the Contractor.’ SUB CLAUSE 11. 1 - INSPECTION OF SITE In line 17 after “affect his Tender” add “and the Contractor shall be deemed to have based his BID on all the aforementioned” Delete the last paragraph completely and replace with the following: “The Employer in no way guarantees completeness nor accuracy of the soil, materials, subsurface and hydrological information made available to the Contractor at the time of bidding or at any other time during the period of the Contract, and the Contractor shall be responsible for ascertaining for himself all information as aforesaid for the execution of works and his BID shall be deemed to have been priced accordingly. ADD A NEW SUBCLAUSE; ‘SUBCLAUSE 11.2 - ACCESS TO DATA Data made available by the Employer in accordance with Clause 11.1 shall be deemed to include data listed elsewhere in the Contract as open for inspection at the address stipulated in the Appendix to Bid.’

VALIDITY OF PERFORMANCE SECURITY. The Performance Security shall be valid until a date 28 days after the date of issue of the Defects Liability Certificate. The security shall be returned to the Contractor within 14 days of expiration. Add The Resident Engineer shall provide a 28days Notice to the Contractor informing him of the early expiry of his Performance Security. Upon receipt of such a Notice the Contractor Contarctor shall before lapse of 14days extend the Performance security and provide evidence of such an extension to the Resident Engineer. Failure by the contractor to renew his performance Security 7days to its expiry the resident Engineer will Request the Engineer to redeem it. Such a request shall be handled immediately and the performance security recovered. SUB CLAUSE 10. 3 - CLAIMS UNDER PERFORMANCE SECURITY Delete the entire sub-clause 10.3. The Employer shall be at liberty to claim part or the entire performance Security without informing or notifying the Contractor provided that the conditions neccesitating the claim are contractual. ADD NEW SUBCLAUSE; ‘SUBCLAUSE 10. 4 - COST OF PERFORMANCE SECURITY The cost of complying with the requirements of this clause shall be borne by the Contractor.’ SUB CLAUSE 11. 1 - INSPECTION OF SITE In line 17 after “affect his Tender” add “and the Contractor shall be deemed to have based his BID on all the aforementioned” Delete the last paragraph completely and replace with the following: “The Employer in no way guarantees completeness nor accuracy of the soil, materials, subsurface and hydrological information made available to the Contractor at the time of bidding biddinging or at any other time during the period of the Contract, and the Contractor shall be responsible for ascertaining for himself all information as aforesaid for the execution of works and his BID shall be deemed to have been priced accordingly. ADD A NEW SUBCLAUSE; ‘SUBCLAUSE 11.2 - ACCESS TO DATA Data made available by the Employer in accordance with Clause 11.1 shall be deemed to include data listed elsewhere in the Contract as open for inspection at the address stipulated in the Appendix to Bid.’

VALIDITY OF PERFORMANCE SECURITY. The Performance Security shall be valid until a date 28 days after the date of issue of the Defects Liability Certificate. The security shall be returned to the Contractor within 14 days of expiration. Add The Resident Engineer shall provide a 28days Notice to the Contractor informing him of the early expiry of his Performance Security. Upon receipt of such a Notice the Contractor Contarctor shall before lapse of 14days extend the Performance security and provide evidence of such an extension to the Resident Engineer. Failure by the contractor to renew his performance Security 7days to its expiry the resident Engineer will Request the Engineer to redeem it. Such a request shall be handled immediately and the performance security recovered. SUB CLAUSE 10. 3 - CLAIMS UNDER PERFORMANCE SECURITY Delete the entire sub-clause 10.3. The Employer shall be at liberty to claim part or the entire performance Security without informing or notifying the Contractor provided that the conditions neccesitating the claim are contractual. ADD NEW SUBCLAUSESUB CLAUSE; ‘SUBCLAUSE SUB CLAUSE 10. 4 - COST OF PERFORMANCE SECURITY The cost of complying with the requirements of this clause shall be borne by the Contractor.’ SUB CLAUSE 11. 1 - INSPECTION OF SITE In line 17 after “affect his Tender” add “and the Contractor shall be deemed to have based his BID on all the aforementioned” Delete the last paragraph completely and replace with the following: “The Employer in no way guarantees completeness nor accuracy of the soil, materials, subsurface and hydrological information made available to the Contractor at the time of bidding biddinging or at any other time during the period of the Contract, and the Contractor shall be responsible for ascertaining for himself all information as aforesaid for the execution of works and his BID shall be deemed to have been priced accordingly. ADD A NEW SUBCLAUSESUB CLAUSE; ‘SUBCLAUSE SUB CLAUSE 11.2 - ACCESS TO DATA Data made available by the Employer in accordance with Clause 11.1 shall be deemed to include data listed elsewhere in the Contract as open for inspection at the address stipulated in the Appendix to Bid.’

VALIDITY OF PERFORMANCE SECURITY. The Performance Security shall be valid until a date 28 days after the date of issue of the Defects Liability Certificate. The security shall be returned to the Contractor within 14 days of expiration. Add The Resident Engineer shall provide a 28days Notice to the Contractor informing him of the early expiry of his Performance Security. Upon receipt of such a Notice the Contractor Contarctor shall before lapse of 14days extend the Performance security and provide evidence of such an extension to the Resident Engineer. Failure by the contractor to renew his performance Security 7days to its expiry the resident Engineer will Request the Engineer to redeem it. Such a request shall be handled immediately and the performance security recovered. SUB CLAUSE 10. 3 - CLAIMS UNDER PERFORMANCE SECURITY Delete the entire sub-clause 10.3. The Employer shall be at liberty to claim part or the entire performance Security without informing or notifying the Contractor provided that the conditions neccesitating the claim are contractual. ADD NEW SUBCLAUSE; ‘SUBCLAUSE 10. 4 - COST OF PERFORMANCE SECURITY The cost of complying with the requirements of this clause shall be borne by the Contractor.’ SUB CLAUSE 11. 1 - INSPECTION OF SITE In line 17 after “affect his Tender” add “and the Contractor shall be deemed to have based his BID on all the aforementioned” Delete the last paragraph completely and replace with the following: “The Employer in no way guarantees completeness nor accuracy of the soil, materials, subsurface and hydrological information made available to the Contractor at the time of bidding or at any other time during the period of the Contract, and the Contractor shall be responsible for ascertaining for himself all information as aforesaid for the execution of works and his BID shall be deemed to have been priced accordingly. ADD A NEW SUBCLAUSE; ‘SUBCLAUSE 11.2 - ACCESS TO DATA Data made available by the Employer in accordance with Clause 11.1 shall be deemed to include data listed elsewhere in the Contract as open for inspection at the address stipulated in the Appendix to Bid.’

VALIDITY OF PERFORMANCE SECURITY. The Performance Security shall be valid until a date 28 days after the date of issue of the Defects Liability Certificate. The security shall be returned to the Contractor within 14 days of expiration. Add The Resident Engineer shall provide a 28days 28 days’ Notice to the Contractor informing him of the early expiry of his Performance Security. Upon receipt of such a Notice the Contractor shall before lapse of 14days extend the Performance security and provide evidence of such an extension to the Resident Engineer. Failure by the contractor to renew his performance Security 7days to its expiry the resident Engineer will Request the Engineer to redeem it. Such a request shall be handled immediately immediately, and the performance security recovered. SUB CLAUSE 10. 3 - CLAIMS UNDER PERFORMANCE SECURITY Delete the entire sub-clause 10.3. The Employer shall be at liberty to claim part or the entire performance Security without informing or notifying the Contractor provided that the conditions neccesitating the claim are contractual. ADD NEW SUBCLAUSE; ‘SUBCLAUSE 10. 4 - COST OF PERFORMANCE SECURITY The cost of complying with the requirements of this clause shall be borne by the Contractor.’ SUB CLAUSE 11. 1 - INSPECTION OF SITE In line 17 after “affect his Tender” add “and the Contractor shall be deemed to have based his BID on all the aforementioned” Delete the last paragraph completely and replace with the following: “The Employer in no way guarantees completeness nor accuracy of the soil, materials, subsurface and hydrological information made available to the Contractor at the time of bidding or at any other time during the period of the Contract, and the Contractor shall be responsible for ascertaining for himself all information as aforesaid for the execution of works and his BID shall be deemed to have been priced accordingly. ADD A NEW SUBCLAUSE; ‘SUBCLAUSE 11.2 - ACCESS TO DATA Data made available by the Employer in accordance with Clause 11.1 shall be deemed to include data listed elsewhere in the Contract as open for inspection at the address stipulated in the Appendix to Bid.’

VALIDITY OF PERFORMANCE SECURITY. The Performance Security shall be valid until a date 28 days after the date of issue of the Defects Liability Certificate. The security shall be returned to the Contractor within 14 days of expiration. Add The Resident Engineer shall provide a 28days Notice to the Contractor informing him of the early expiry of his Performance Security. Upon receipt of such a Notice the Contractor Contactor shall before lapse of 14days extend the Performance security and provide evidence of such an extension to the Resident Engineer. Failure by the contractor to renew his performance Security 7days to its expiry the resident Engineer will Request the Engineer to redeem it. Such a request shall be handled immediately and the performance security recovered. SUB CLAUSE 10. 3 - CLAIMS UNDER PERFORMANCE SECURITY Delete the entire sub-clause 10.3. The Employer shall be at liberty to claim part or the entire performance Security without informing or notifying the Contractor provided that the conditions neccesitating the claim are contractual. ADD NEW SUBCLAUSE; ‘SUBCLAUSE 10. 4 - COST OF PERFORMANCE SECURITY The cost of complying with the requirements of this clause shall be borne by the Contractor.’ SUB CLAUSE 11. 1 - INSPECTION OF SITE In line 17 after “affect his Tender” add “and the Contractor shall be deemed to have based his BID on all the aforementioned” Delete the last paragraph completely and replace with the following: “The Employer in no way guarantees completeness nor accuracy of the soil, materials, subsurface and hydrological information made available to the Contractor at the time of bidding or at any other time during the period of the Contract, and the Contractor shall be responsible for ascertaining for himself all information as aforesaid for the execution of works and his BID shall be deemed to have been priced accordingly. ADD A NEW SUBCLAUSE; ‘SUBCLAUSE 11.2 - ACCESS TO DATA Data made available by the Employer in accordance with Clause 11.1 shall be deemed to include data listed elsewhere in the Contract as open for inspection at the address stipulated in the Appendix to Bid.’

VALIDITY OF PERFORMANCE SECURITY. The Performance Security shall be valid until a date 28 days after the date of issue of the Defects Liability Certificate. The security shall be returned to the Contractor within 14 days of expiration. Add The Resident Engineer shall provide a 28days Notice to the Contractor informing him of the early expiry of his Performance Security. Upon receipt of such a Notice the Contractor Contarctor shall before lapse of 14days extend the Performance security and provide evidence of such an extension to the Resident Engineer. Failure by the contractor to renew his performance Security 7days to its expiry the resident Engineer will Request the Engineer to redeem it. Such a request shall be handled immediately and the performance security recovered. SUB CLAUSE 10. 3 - CLAIMS UNDER PERFORMANCE SECURITY Delete the entire sub-clause 10.3. The Employer shall be at liberty to claim part or the entire performance Security without informing or notifying the Contractor provided that the conditions neccesitating the claim are contractual. ADD NEW SUBCLAUSE; ‘„SUBCLAUSE 10. 4 - COST OF PERFORMANCE SECURITY The cost of complying with the requirements of this clause shall be borne by the Contractor.’ Contractor.‟ SUB CLAUSE 11. 1 - INSPECTION OF SITE In line 17 after “affect his Tender” add “and the Contractor shall be deemed to have based his BID on all the aforementioned” Delete the last paragraph completely and replace with the following: “The Employer in no way guarantees completeness nor accuracy of the soil, materials, subsurface and hydrological information made available to the Contractor at the time of bidding biddinging or at any other time during the period of the Contract, and the Contractor shall be responsible for ascertaining for himself all information as aforesaid for the execution of works and his BID shall be deemed to have been priced accordingly. ADD A NEW SUBCLAUSE; ‘„SUBCLAUSE 11.2 - ACCESS TO DATA Data made available by the Employer in accordance with Clause 11.1 shall be deemed to include data listed elsewhere in the Contract as open for inspection at the address stipulated in the Appendix to Bid.’Bid.‟

VALIDITY OF PERFORMANCE SECURITY. The Performance Security shall be valid until a date 28 days after the date of issue of the Defects Liability Certificate. The security shall be returned to the Contractor within 14 days of expiration. Add The Resident Engineer shall provide a 28days Notice to the Contractor informing him of the early expiry of his Performance Security. Upon receipt of such a Notice the Contractor shall before lapse of 14days extend the Performance security and provide evidence of such an extension to the Resident Engineer. Failure by the contractor to renew his performance Security 7days to its expiry the resident Engineer will Request the Engineer to redeem it. Such a request shall be handled immediately and the performance security recovered. SUB CLAUSE 10. 3 - CLAIMS UNDER PERFORMANCE SECURITY Delete the entire sub-clause 10.3. The Employer shall be at liberty to claim part or the entire performance Security without informing or notifying the Contractor provided that the conditions neccesitating the claim are contractual. PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF MARUA – NANYUKI (A2) ROAD ADD NEW SUBCLAUSE; ‘SUBCLAUSE 10. 4 - COST OF PERFORMANCE SECURITY The cost of complying with the requirements of this clause shall be borne by the Contractor.’ SUB CLAUSE 11. 1 - INSPECTION OF SITE In line 17 after “affect his Tender” add “and the Contractor shall be deemed to have based his BID on all the aforementioned” Delete the last paragraph completely and replace with the following: “The Employer in no way guarantees completeness nor accuracy of the soil, materials, subsurface and hydrological information made available to the Contractor at the time of bidding or at any other time during the period of the Contract, and the Contractor shall be responsible for ascertaining for himself all information as aforesaid for the execution of works and his BID shall be deemed to have been priced accordingly. ADD A NEW SUBCLAUSE; ‘SUBCLAUSE 11.2 - ACCESS TO DATA Data made available by the Employer in accordance with Clause 11.1 shall be deemed to include data listed elsewhere in the Contract as open for inspection at the address stipulated in the Appendix to Bid.’

VALIDITY OF PERFORMANCE SECURITY. The Performance Security shall be valid until a date 28 days after the date of issue of the Defects Liability Certificate. The security shall be returned to the Contractor within 14 days of expiration. Add The Resident Engineer shall provide a 28days Notice to the Contractor informing him of the early expiry of his Performance Security. Upon receipt of such a Notice the Contractor shall before lapse of 14days extend the Performance security and provide evidence of such an extension to the Resident Engineer. Failure by the contractor to renew his performance Security 7days to its expiry the resident Engineer will Request the Engineer to redeem it. Such a request shall be handled immediately and the performance security recovered. SUB CLAUSE 10. 3 - CLAIMS UNDER PERFORMANCE SECURITY Delete the entire sub-clause 10.3. The Employer shall be at liberty to claim part or the entire performance Security without informing or notifying the Contractor provided that the conditions neccesitating the claim are contractual. ADD NEW SUBCLAUSEAdd new subclause; ‘SUBCLAUSE 10. 4 - COST OF PERFORMANCE SECURITY The cost of complying with the requirements of this clause shall be borne by the Contractor.’ SUB CLAUSE 11. 1 - INSPECTION OF SITE In line 17 after “affect his Tender” add “and the Contractor shall be deemed to have based his BID on all the aforementioned” Delete the last paragraph completely and replace with the following: “The Employer in no way guarantees completeness nor accuracy of the soil, materials, subsurface and hydrological information made available to the Contractor at the time of bidding or at any other time during the period of the Contract, and the Contractor shall be responsible for ascertaining for himself all information as aforesaid for the execution of works and his BID shall be deemed to have been priced accordingly. ADD A NEW SUBCLAUSEadd a new subclause; ‘SUBCLAUSE 11.2 - ACCESS TO DATA Data made available by the Employer in accordance with Clause 11.1 shall be deemed to include data listed elsewhere in the Contract as open for inspection at the address stipulated in the Appendix to Bid.’

VALIDITY OF PERFORMANCE SECURITY. The Performance Security shall be valid until a date 28 days after the date of issue of the Defects Liability Certificate. The security shall be returned to the Contractor within 14 days of expiration. Add The Resident Engineer shall provide a 28days Notice to the Contractor informing him of the early expiry of his Performance Security. Upon receipt of such a Notice the Contractor shall before lapse of 14days extend the Performance security and provide evidence of such an extension to the Resident Engineer. Failure by the contractor to renew his performance Security 7days to its expiry the resident Engineer will Request the Engineer to redeem it. Such a request shall be handled immediately immediately, and the performance security recovered. SUB CLAUSE 10. 3 - CLAIMS UNDER PERFORMANCE SECURITY Delete the entire sub-clause 10.3. The Employer shall be at liberty to claim part or the entire performance Security without informing or notifying the Contractor provided that the conditions neccesitating the claim are contractual. ADD NEW SUBCLAUSE; ‘SUBCLAUSE 10. 4 - COST OF PERFORMANCE SECURITY The cost of complying with the requirements of this clause shall be borne by the Contractor.’ SUB CLAUSE 11. 1 - INSPECTION OF SITE In line 17 after “affect his Tender” add “and the Contractor shall be deemed to have based his BID on all the aforementioned” Delete the last paragraph completely and replace with the following: “The Employer in no way guarantees completeness nor accuracy of the soil, materials, subsurface and hydrological information made available to the Contractor at the time of bidding or at any other time during the period of the Contract, and the Contractor shall be responsible for ascertaining for himself all information as aforesaid for the execution of works and his BID shall be deemed to have been priced accordingly. ADD A NEW SUBCLAUSE; ‘SUBCLAUSE 11.2 - ACCESS TO DATA Data made available by the Employer in accordance with Clause 11.1 shall be deemed to include data listed elsewhere in the Contract as open for inspection at the address stipulated in the Appendix to Bid.’

VALIDITY OF PERFORMANCE SECURITY. The Performance Security shall be valid until a date 28 days after the date of issue of the Defects Liability Certificate. The security shall be returned to the Contractor within 14 days of expiration. Add The Resident Engineer shall provide a 28days Notice to the Contractor informing him of the early expiry of his Performance Security. Upon receipt of such a Notice the Contractor Contarctor shall before lapse of 14days extend the Performance security and provide evidence of such an extension to the Resident Engineer. Failure by the contractor to renew his performance Security 7days to its expiry the resident Engineer will Request the Engineer to redeem it. Such a request shall be handled immediately and the performance security recovered. SUB CLAUSE 10. 3 - CLAIMS UNDER PERFORMANCE SECURITY Delete the entire sub-clause 10.3. The Employer shall be at liberty to claim part or the entire performance Security without informing or notifying the Contractor provided that the conditions neccesitating the claim are contractual. ADD NEW SUBCLAUSE; ‘SUBCLAUSE 10. 4 - COST OF PERFORMANCE SECURITY The cost of complying with the requirements of this clause shall be borne by the Contractor.’ PERFORMANCE BASED CONTRACT FOR MAINTENANCE OF MARIAKANI – KALOLENI – MAVUENI (B91) ROAD SUB CLAUSE 11. 1 - INSPECTION OF SITE In line 17 after “affect his Tender” add “and the Contractor shall be deemed to have based his BID on all the aforementioned” Delete the last paragraph completely and replace with the following: “The Employer in no way guarantees completeness nor accuracy of the soil, materials, subsurface and hydrological information made available to the Contractor at the time of bidding biddinging or at any other time during the period of the Contract, and the Contractor shall be responsible for ascertaining for himself all information as aforesaid for the execution of works and his BID shall be deemed to have been priced accordingly. ADD A NEW SUBCLAUSE; ‘SUBCLAUSE 11.2 - ACCESS TO DATA Data made available by the Employer in accordance with Clause 11.1 shall be deemed to include data listed elsewhere in the Contract as open for inspection at the address stipulated in the Appendix to Bid.’