Common use of Xxxxxxx Money Deposit Clause in Contracts

Xxxxxxx Money Deposit. 2.3.1 All the bidders shall submit the EMD in e-Payment gate way system, DD or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner the tenders are finalized or end date of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by the successful tenderer will not carry any interest and it will be dealt with as provided in the conditions stipulated in the Tender. The EMD of a nationalized bank or e-payment shall be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document in the tender period. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employer.

Xxxxxxx Money Deposit. 2.3.1 All On or before three (3) business days after full execution of this Purchase and Sale Agreement (the bidders "Contract") between the parties hereto, Purchaser shall submit deposit with Transnation Title Agency, East Lansing, ("Title Company”) the EMD sum of One Hundred Thousand and No/100 Dollars ($100,000.00) as an xxxxxxx money deposit ("Xxxxxxx Money"). The Xxxxxxx Money shall be held for the Purchaser's benefit pursuant to the terms and conditions set forth herein. The Xxxxxxx Money shall be disbursed and applied as follows: a. If the sale of the Property closes pursuant to the terms of this Agreement, all Xxxxxxx Money deposited with the Title Company shall be applied to the Purchase Price for the benefit of the Purchaser regardless of any delays in e-Payment gate way system, DD filings in Section 7.a. or Banker’s Cheque along with Bid documents7.b. below. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner the tenders are finalized or end date b. If any of the Tender validity period whichever is earliercontingencies set forth in Paragraph 5 are not met, despite the good faith efforts of the Purchaser, Purchaser shall be entitled to a refund of any Xxxxxxx Money that was not forfeited pursuant to Section 7 below. 2.3.3 The xxxxxxx money deposited by c. If the successful tenderer will not carry any interest and it will be dealt with as provided in the conditions stipulated in the Tender. The EMD of a nationalized bank or e-payment shall be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD sale of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers Property does not accept close pursuant to this Agreement as a result of Purchaser defaulting in its obligation to close or failing to exercise good faith to remove the correction contingencies, through no fault of his Tender price, c) If the successful Tenderers refuses or neglects to execute Seller and through no fault of the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender periodCity, the Employer may issue further instructions to Tenderers or Purchaser shall forfeit any modifications to existing tender documents in the form of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT and all remaining Xxxxxxx Money which shall be available for all promptly disbursed to the prospective Tenderers who have purchased the tender document in the tender periodSeller. ii. Sub-contracting d. If the sale of the Property does not close pursuant to this Agreement as a result of Seller or City failing to exercise good faith to remove the contingencies, despite the good faith of the Purchaser, the Purchaser shall be generally limited entitled to 50% a refund of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employerall Xxxxxxx Money deposited.

Xxxxxxx Money Deposit. 2.3.1 All 1.9.1 Every tender must be accompanied by the bidders shall submit prescribed amount of Xxxxxxx Money Deposit (EMD) in the EMD manner described herein. a) Cash Deposit as permissible under the extant Income Tax Act (before tender opening). b) Electronic Fund Transfer credited in e-Payment gate way systemBHEL account (before tender opening). c) Xxxxxx’s Cheque/ Pay Order/ Demand Draft, DD or Banker’s Cheque in favour of BHEL, Visakhapatnam along with Bid documents.offer 2.3.2 The 2% EMD of unsuccessful tenderers will d) Fixed Deposit Receipt (FDR) issued by Scheduled Banks/ Public Financial Institutions as defined in the Companies Act (FDR should be returned no sooner in the tenders are finalized or end date name of the Tender validity period whichever Contractor, a/c BHEL) In case total EMD amount is earlier. 2.3.3 The xxxxxxx money deposited by more than ₹ 20 Lakh, the successful tenderer will not carry any interest and it will amount in excess of ₹ 20 lakhs may be dealt with as provided accepted in the conditions stipulated in the Tenderform of Bank Guarantee from scheduled bank. The EMD of a nationalized bank or e-payment Bank Guarantee in such cases shall be valid for three months and extendable in case any valid extension of contract period is grantedat least six months. 2.3.4 If an acceptable 1.9.2 EMD is not submitted by a the tenderer will be forfeited as mentioned aboveper NIT conditions, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeitedif: a) If After opening the Tenderers withdraws tender and within the offer validity period, the tenderer revokes his Tender during the period of Tender validity,tender or makes any modification in his tender which is not acceptable to BHEL. b) If The contractor fails to deposit the Tenderers does not accept required security deposit or commence the correction of his Tender price,work within the period as per LOI/ Contract. c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified EMD by the Employertenderer shall be withheld in case any action on the tenderer is envisaged under the provisions of extant “Guidelines on Suspension of business dealings with suppliers/ contractors” and forfeited/ released based on the action as determined under these guidelines. 2.3.7 EMD’s submitted after due date and time 1.9.3 EMD given by all unsuccessful tenderers shall be refunded normally within 15 days of award of work. 1.9.4 EMD shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ couriercarry any interest. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form 1.9.5 EMD of an addendum. Such an amendment in the form of an addendum successful tenderer will be uploaded on the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document in the tender periodretained as part of Security Deposit. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employer.

Xxxxxxx Money Deposit. 2.3.1 All 16.1 Bid must be accompanied with xxxxxxx money (i.e Xxxxxxx Money Deposit (EMD) also known as Bid Security) in the bidders shall submit form of „Demand Draft‟ / „Banker‟s Cheque‟[in favour of Godavari Gas Private Limited payable at place mentioned in BDS] or „Bank Guarantee‟ or „Letter of Credit‟ strictly as per the EMD format given in e-Payment gate way system, DD or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner form F 4/ F- 4A (as the tenders are finalized or end date case may be) of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by the successful tenderer will not carry any interest and it will be dealt with as provided Document. Bidder shall ensure that EMD submitted in the conditions stipulated in form of „Bank Guarantee‟ or „Letter of Credit‟ should have a validity of at least „two [02] months‟ beyond the Tendervalidity of the Bid. The EMD submittedin the form of a nationalized bank „Demand Draft‟ or e-payment shall „Banker‟s Cheque‟ should be valid for three months and extendable months. Bid not accompanied with EMD, or EMD not in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) requisite format shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluatedliable for rejection. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeitedsubmitted in Indian Rupees only. 16.2 The EMD is required to protect GGPL against the risk of Bidder‟s conduct, which would warrant the forfeiture of EMD, pursuant to clause-16.7 of ITB. 16.3 GGPL shall not be liable to pay any documentation charges, Bank charges, commission, interest etc. on the amount of EMD. In case EMD is in the form of a „Bank Guarantee‟, the same shall be from any Indian scheduled Bank or a branch of an International Bank situated in India and registered with „Reserve Bank of India‟ as Scheduled Foreign Bank. However, in case of „Bank Guarantee‟ from Banks other than the Nationalized Indian Banks, the Bank must be commercial Bank having net worth in excess of Rs. 100 Crores [Rupees One Hundred Crores] and a declaration to this effect should be made by such commercial Bank either in the „Bank Guarantee‟ itself or separately on its letterhead. 16.4 Any Bid not secured in accordance with “ITB: Clause-16.1 & Clause-16.3” may be rejected by GGPL as non-responsive. 16.5 Unsuccessful Bidder‟s EMD will be discharged/ returned as promptly as possible, but not later than „thirty [30] days‟ after finalization of tendering process. 16.6 The successful Bidder‟s EMD will be discharged upon the Bidder‟s acknowledging the „Award‟ and signing the „Agreement‟ (if applicable) and furnishing the „Contract Performance Security (CPS)/ Security Deposit‟ pursuant to clause no. 38 of ITB. 16.7 Notwithstanding anything contained herein, the EMD may also be forfeited in any of the following cases: (a) If the Tenderers a Bidder withdraws his Tender Bid during the „Period of Bid Validity‟ (b) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice (c) If the Bidder modifies Bid during the period of bid validity (after Due Date and Time for Bid Submission). (d) Violates any other condition, mentioned elsewhere in the Tender validityDocument, which may lead to forfeiture of EMD. (e) In the case of a successful Bidder, if the Bidder fails to: (i) to acknowledge receipt of the “Notification of Award” / Fax of Acceptance[FOA]”, b(ii) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required “Contract Performance Security within / Security Deposit”, in accordance with “ITB: Clause-38” (iii) to accept „arithmetical corrections‟ as per provision of the time specified by the Employerclause 30 of ITB. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents 16.8 In case EMD is in the form of an addendum„Bank Guarantee‟ or „Letter of Credit‟, the same must indicate the Tender Document No. Such an amendment and the name of Tender Document for which the Bidder is quoting. This is essential to have proper correlation at a later date. 16.9 MSEs (Micro & Small Enterprises) are exempted from submission of EMD in accordance with the form provisions of an addendum PPP-2012 and Clause 40 of ITB. The Government Departments/PSUs are also exempted from the payment of EMD. However, Traders/Dealers/ Distributors /Stockiest /Wholesaler are not entitled for exemption of EMD. 17.1 The Bidder(s) or his designated representative are invited to attend a "Pre-Bid Meeting" which will be held at address specified in IFB. It is expected that a bidder shall not depute more than 02 representatives for the meeting. 17.2 Purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage and give hands-on e-tendering. 17.3 Text of the questions raised and the responses given, together with any responses prepared after the meeting, will be uploaded on the GGPL e-tendering portal within website against the date given Tender. Any modification of the Contents of Bidding Documents listed in NIT which "ITB: Clause-7.1", that may become necessary as a result of the Pre-Bid Meeting shall be available for all made by the prospective Tenderers who have purchased Employer exclusively through the tender document in issue of an Addendum / Corrigendum pursuant to "ITB: Clause-9", and not through the tender periodminutes of the Pre-Bid Meeting. ii. Sub17.4 Non-contracting shall be generally limited to 50% attendance of the Contract price. The terms and conditions Pre-Bid Meeting will not be a cause for disqualification of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from EmployerBidder.

Xxxxxxx Money Deposit. 2.3.1 (a) One Million Five Hundred Fifty Thousand Dollars ($1,550,000) of the consideration to be received by Seller (the "Deposit") shall be delivered by Buyer to the Escrow Bank within five (5) days after the satisfaction of the condition precedent in Section 10.5(c). The Deposit shall be held, invested and applied in accordance with the terms of this Agreement and the Escrow Agreement. The Deposit shall be invested in such interest bearing accounts, short-term obligations of the United States, prime commercial paper, commercial acceptances or bank certificates of deposit as from time to time directed by Buyer in its sole discretion upon written instructions delivered by Buyer to the Escrow Bank, provided that all such investments shall mature on or prior to the Closing Date so that the funds represented thereby will be available on the Closing Date without penalties for early withdrawals. All interest accrued on the bidders Deposit shall submit be for the EMD account of Buyer. Interest accrued with respect to any investment of the Deposit having a maturity date prior to the Closing Date shall be added to the Deposit and reinvested as Buyer shall direct. The Deposit, together with all interest accrued thereon to the Closing Date, shall be paid to Buyer as Buyer and Seller shall direct by joint written instructions delivered to the Escrow Bank if the transaction contemplated by this Agreement is not consummated due to any reason other than the default of Buyer in e-Payment gate way systemperformance of its obligations under this Agreement, DD or Banker’s Cheque along such earlier date as Buyer and Seller shall deliver to the Escrow Bank joint written instructions that this Agreement has been validly terminated. If the transactions contemplated by this Agreement are not consummated due solely to Buyer's failure or refusal to perform its obligations set forth in Section 12.3 after all of the conditions specified in Article 10 have been satisfied or waived, and Seller has performed or stands ready to perform its obligations set forth in Section 12.2, Seller shall, as its sole and exclusive remedy against Buyer, immediately draw upon the Deposit hereunder as liquidated damages, which amount the parties to this Agreement agree is reasonable and fair compensation for the foreseeable losses that might result from such breach considering all of the circumstances existing on the date of this Agreement, including the relationship of the Deposit to the range of harm to Seller that can be reasonably anticipated, and in recognition that proof of actual damages would be difficult, costly or inconvenient. In such case, the Deposit shall be paid to Seller on the Closing Date and all accrued interest thereon shall be paid to Buyer on the same date. If the transactions contemplated by this Agreement are not consummated due solely to Seller's failure or refusal to perform its obligations set forth in Section 12.2 after all of the conditions specified in Article 11 have been satisfied or waived, and Buyer has performed or stands ready to perform its obligations set forth in Section 12.3, Buyer shall, as its sole and exclusive remedy against Seller, be entitled to receive (in addition to the return of the Deposit together with Bid documentsaccrued interest thereon) from Seller the sum of One Million Five Hundred Fifty Thousand Dollars ($1,550,000), which amount the parties to this Agreement agree is reasonable and fair compensation for the losses that might result from such breach considering all of the circumstances existing on the date of this Agreement, including the relationship of such sum to the range of harm to Buyer that can be reasonably anticipated, and in recognition that proof of actual damages would be difficult, costly or inconvenient. Each party to this Agreement specifically confirms the accuracy of the statements made above and the fact that each party is represented by counsel who explained the consequences of this liquidated damages provision at the time this Agreement was made. 2.3.2 (b) The 2% EMD of unsuccessful tenderers will be returned no sooner the tenders are finalized or end date balance of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money Purchase Price shall be deposited by Buyer with the successful tenderer will not carry any interest Escrow Bank on or before the Closing Date and it will shall be dealt with paid or held on the Closing Date by the Escrow Bank as follows: (1) The Escrow Bank shall segregate and thereafter continue to hold the sum of One Million Five Hundred Fifty Thousand Dollars ($1,550,000), which shall be designated as a "Holdback Account" and shall be held, invested, administered and distributed or paid as provided in the conditions stipulated in the TenderArticle 4. The EMD retention of a nationalized bank or e-payment the Holdback Account in escrow after the Closing Date shall not prevent the closing of the transactions contemplated by this Agreement. (2) The balance of the Purchase Price shall be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought paid on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified Closing Date by the EmployerEscrow Bank to Seller. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document in the tender period. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employer.

Xxxxxxx Money Deposit. 2.3.1 All 16.1 Bid must be accompanied with xxxxxxx money (i.e Xxxxxxx Money Deposit (EMD) also known as Bid Security) in the bidders shall submit form of „Demand Draft‟ / „Banker‟s Cheque‟[in favour of Godavari Gas Private Limited payable at place mentioned in BDS] or „Bank Guarantee‟ or „Letter of Credit‟ strictly as per the EMD format given in e-Payment gate way system, DD or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner form F 4/ F- 4A (as the tenders are finalized or end date case may be) of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by the successful tenderer will not carry any interest and it will be dealt with as provided Document. Bidder shall ensure that EMD submitted in the conditions stipulated form of „Bank Guarantee‟ or „Letter of Credit‟ should have a validity of at least „two [02] months‟ beyond the validity of the Bid. EMD submitted in the Tender. The EMD form of a nationalized bank „Demand Draft‟ or e-payment shall „Banker‟s Cheque‟ should be valid for three months and extendable months. Bid not accompanied with EMD, or EMD not in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) requisite format shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluatedliable for rejection. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeitedsubmitted in Indian Rupees only. 16.2 The EMD is required to protect GGPL against the risk of Bidder‟s conduct, which would warrant the forfeiture of EMD, pursuant to clause-16.7 of ITB. 16.3 GGPL shall not be liable to pay any documentation charges, Bank charges, commission, interest etc. on the amount of EMD. In case EMD is in the form of a „Bank Guarantee‟, the same shall be from any Indian scheduled Bank or a branch of an International Bank situated in India and registered with „Reserve Bank of India‟ as Scheduled Foreign Bank. However, in case of „Bank Guarantee‟ from Banks other than the Nationalized Indian Banks, the Bank must be commercial Bank having net worth in excess of Rs. 100 Crores [Rupees One Hundred Crores] and a declaration to this effect should be made by such commercial Bank either in the „Bank Guarantee‟ itself or separately on its letterhead. 16.4 Any Bid not secured in accordance with “ITB: Clause-16.1 & Clause-16.3” may be rejected by GGPL as non-responsive. 16.5 Unsuccessful Bidder‟s EMD will be discharged/ returned as promptly as possible, but not later than „thirty [30] days‟ after finalization of tendering process. 16.6 The successful Bidder‟s EMD will be discharged upon the Bidder‟s acknowledging the „Award‟ and signing the „Agreement‟ (if applicable) and furnishing the „Contract Performance Security (CPS)/ Security Deposit‟ pursuant to clause no. 38 of ITB. 16.7 Notwithstanding anything contained herein, the EMD may also be forfeited in any of the following cases: (a) If the Tenderers a Bidder withdraws his Tender Bid during the „Period of Bid Validity‟ (b) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice (c) If the Bidder modifies Bid during the period of bid validity (after Due Date and Time for Bid Submission). (d) Violates any other condition, mentioned elsewhere in the Tender validityDocument, which may lead to forfeiture of EMD. (e) In the case of a successful Bidder, if the Bidder fails to: (i) to acknowledge receipt of the “Notification of Award” / Fax of Acceptance[FOA]”, b(ii) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required “Contract Performance Security within / Security Deposit”, in accordance with “ITB: Clause-38” (iii) to accept „arithmetical corrections‟ as per provision of the time specified by the Employerclause 30 of ITB. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents 16.8 In case EMD is in the form of an addendum„Bank Guarantee‟ or „Letter of Credit‟, the same must indicate the Tender Document No. Such an amendment and the name of Tender Document for which the Bidder is quoting. This is essential to have proper correlation at a later date. 16.9 MSEs (Micro & Small Enterprises) are exempted from submission of EMD in accordance with the form provisions of an addendum PPP-2012 and Clause 40 of ITB. The Government Departments/PSUs are also exempted from the payment of EMD. However, Traders/Dealers/ Distributors /Stockiest /Wholesaler are not entitled for exemption of EMD. 17.1 The Bidder(s) or his designated representative are invited to attend a "Pre-Bid Meeting" which will be held at address specified in IFB. It is expected that a bidder shall not depute more than 02 representatives for the meeting. 17.2 Purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage and give hands-on e-tendering. 17.3 Text of the questions raised and the responses given, together with any responses prepared after the meeting, will be uploaded on the GGPL e-tendering portal within website against the date given Tender. Any modification of the Contents of Bidding Documents listed in NIT which "ITB: Clause-7.1", that may become necessary as a result of the Pre-Bid Meeting shall be available for all made by the prospective Tenderers who have purchased Employer exclusively through the tender document in issue of an Addendum / Corrigendum pursuant to "ITB: Clause-9", and not through the tender periodminutes of the Pre-Bid Meeting. ii. Sub17.4 Non-contracting shall be generally limited to 50% attendance of the Contract price. The terms and conditions Pre-Bid Meeting will not be a cause for disqualification of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from EmployerBidder.

Xxxxxxx Money Deposit. 2.3.1 Concurrently with the execution hereof by Buyer, Buyer shall deposit with the Escrow Holder the sum of Five Million Dollars and 00/100ths ($5,000,000.00) (the “Xxxxxxx Money Deposit”). Escrow Holder shall hold the Xxxxxxx Money Deposit in United States Treasury obligations or treasury-backed repurchase agreements, or such other investment as may be selected by Buyer and reasonably approved by Sellers on a funds investment form provided by Escrow Holder. All interest or other amounts earned upon the bidders Xxxxxxx Money Deposit shall submit the EMD in e-Payment gate way system, DD or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner the tenders are finalized or end date become part of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited Xxxxxxx Money Deposit and shall be applied with the Xxxxxxx Money Deposit in accordance with the terms and provisions of this Agreement. If the Closing occurs pursuant to the provisions of this Agreement and each Related Purchase Agreement Closing occurs under each Related Purchase Agreement, the Xxxxxxx Money Deposit, plus all accrued interest or other amounts earned thereon, shall be applied against the Purchase Price hereunder and against the purchase price payable under each Related Purchase Agreement, as directed by Buyer. If the Closing fails to occur under the provisions of this Agreement or any Related Purchase Agreement Closing fails to occur under any Related Purchase Agreement, the Xxxxxxx Money Deposit, plus all accrued interest or other amounts earned thereon, shall be either delivered to Buyer, or delivered to Sellers as non-refundable liquidated damages (and not as a penalty), as determined by the successful tenderer will not carry any provisions of Sections 7 below. In the event that Sellers are entitled to retain the Xxxxxxx Money Deposit plus accrued interest and it will be dealt with as provided in or other amounts earned thereon pursuant to Section 7.2.1 below, the conditions stipulated in the Tender. The EMD allocation of a nationalized bank Xxxxxxx Money Deposit plus accrued or e-payment other amounts earned interest thereon among each Seller, shall be valid for three months as determined by Sellers, and extendable in case neither Buyer nor Escrow Holder shall be concerned therewith. Notwithstanding the foregoing or any valid extension other provision hereof to the contrary, the sum of contract period One Hundred Dollars and 00/100ths ($100.00) out of the Xxxxxxx Money Deposit is granted. 2.3.4 If an acceptable EMD independent of any other consideration provided hereunder, shall be fully earned by Sellers upon the Effective Date hereof, and is not submitted refundable to Buyer under any circumstances. Accordingly, if this Agreement is terminated for any reason by a tenderer as mentioned aboveeither party, then tender(s) of such tenderer(s) independent consideration shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMDpaid by Escrow Holder to Sellers. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document in the tender period. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employer.

Xxxxxxx Money Deposit. 2.3.1 All Seller and Purchaser acknowledge and agree that (i) Purchaser has deposited the bidders shall submit sum of Six Million Fifty Thousand and 00/100 Dollars ($6,050,000.00) (together with any interest earned thereon, the EMD “Deposit”) with Riverside Abstract LLC (“Escrow Holder”) by wire transfer of immediately available funds to the account designated by Escrow Holder, which sum is being held by Escrow Holder in e-Payment gate way systemescrow pursuant to a separate agreement between Seller, DD or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner Purchaser and Escrow Holder, and (ii) upon entry of, and in accordance with, the tenders are finalized or end date Order the Deposit and the balance of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by Purchase Price (over and above the successful tenderer will not carry any interest and it will be dealt with as provided in the conditions stipulated in the Tender. The EMD of a nationalized bank or e-payment shall be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(sDeposit) shall be rejected considering it paid to or as directed by Seller by wire transfer of immediately available funds as designated by Seller. If the United States Bankruptcy Court makes a non-responsive final determination not to approve the assumption, assignment and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD sale of the successful Tenderer Purchased Property to Purchaser, (i) the Deposit shall be returned after receipt to Purchaser promptly (within two business days) thereafter (and the parties shall jointly instruct Escrow Holder to promptly return the Deposit to Purchaser) and (ii) Seller shall immediately return the ASG Letter of performance security or being adjusted Credit to Performance Security. 2.3.6 The EMD Purchaser which ASG Letter of Credit shall immediately be cancelled and withdrawn, whereupon this General Assignment and Xxxx of Sale shall be forfeited: a) If the Tenderers withdraws his Tender during the period deemed terminated and of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date no further force and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarilyeffect. We will not be responsible for delayIN THE EVENT THAT BUYER SHALL DEFAULT IN ITS OBLIGATION TO PAY THE BALANCE OF THE PURCHASE PRICE IN ACCORDANCE WITH THE TERMS HEREOF AND OF THE ORDER, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender periodBUYER AND SELLER AGREE THAT THE DAMAGES THAT SELLER SHALL SUSTAIN AS A RESULT THEREOF SHALL BE SUBSTANTIAL AND SHALL BE DIFFICULT TO ASCERTAIN. BUYER AND SELLER THEREFORE AGREE THAT IF BUYER FAILS TO PAY THE BALANCE OF THE PURCHASE PRICE IN ACCORDANCE WITH THE TERMS HEREOF AND OF THE ORDER, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendumSELLER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO BUYER’S FAILURE TO PAY THE BALANCE OF THE PURCHASE PRICE IN ACCORDANCE WITH THE TERMS HEREOF AND OF THE ORDER SHALL BE TO RECEIVE AS LIQUIDATED DAMAGES THE ENTIRE DEPOSIT FROM ESCROW HOLDER (AND THE PARTIES SHALL JOINTLY INSTRUCT ESCROW HOLDER TO PROMPTLY DELIVER THE DEPOSIT TO SELLER), AND THEREAFTER NEITHER BUYER NOR SELLER SHALL HAVE ANY FURTHER LIABILITY OR OBLIGATION TO THE OTHER. Such an amendment in the form of an addendum will be uploaded [Signatures on the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document in the tender period. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employer.following pages]

Xxxxxxx Money Deposit. 2.3.1 All Upon full execution of this Sixth Amendment to Purchase and Sale Agreement, Purchaser shall deposit, by wire transfer, the bidders shall submit additional sum of Two Hundred Eighty Thousand Dollars ($280,000.00), with the EMD in e-Payment gate way system, DD or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD Escrow Agent as an additional deposit of unsuccessful tenderers will be returned no sooner Xxxxxxx Money under the tenders are finalized or end date Agreement. Purchaser acknowledges and agrees that the entire amount of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by Xxxxxxx Money, including the successful tenderer will not carry Initial Deposit, the Additional Deposit and the additional deposit of $280,000.00 made herewith, shall be non-refundable to Purchaser, unless Seller shall default under the Agreement, but shall be applicable (together with any interest and it will be dealt earned on the Xxxxxxx Money) to the Purchase Price at Closing in accordance with as provided in the conditions stipulated in the Tender. The EMD of a nationalized bank or e-payment shall be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD terms of the successful Tenderer Agreement. In the event Purchaser delivers written notice to Seller in accordance with Paragraph 2 of this Sixth Amendment that it desires to extend the Closing Date to April 30, 2008, Purchaser shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified deposit, by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender periodwire transfer, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in additional sum of Two Hundred Fifty Thousand Dollars ($250,000.00) with the form Escrow Agent as an additional deposit of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT Xxxxxxx Money which shall be available for all non-refundable to Purchaser unless Sellers shall default under the prospective Tenderers who have purchased Agreement, but shall be applicable (together with any interest earned on the tender document Xxxxxxx Money) to the Purchase Price at Closing in accordance with the terms of the Agreement. Purchaser hereby acknowledges and agrees that the entire Xxxxxxx Money deposited as of the date of execution of this Sixth Amendment by both Seller and Purchaser in the tender period. ii. Subamount of One Million Dollars ($1,000,000.00) is non-contracting shall be generally limited refundable to 50% Purchaser as of the Contract pricedate of this Sixth Amendment and Purchaser specifically waives any and all claims to such Xxxxxxx Money if Purchaser fails to close on the transaction contemplated hereunder for any reason other than a default by Seller under the Agreement, as amended, which occurs after the date of this Sixth Amendment. The terms and conditions of sub-contracts and the payments Purchaser agrees that have to be made such waiver shall forever estop Purchaser from claiming any right to the sub-contractors shall be Xxxxxxx Money based upon any alleged actions or omissions by Seller in connection with the sole responsibility of Property or this transaction prior to the contractor. All the sub-contractors are to be approved from Employerdate hereof.

Xxxxxxx Money Deposit. 2.3.1 All (a) Coincident with the bidders execution hereof by Seller and Buyer, Buyer has deposited the sum of One Hundred Thousand and 00/100 ($100,000.00) Dollars as Xxxxxxx Money Deposit ("Xxxxxxx Money Deposit") to be applied against the Purchase Price at Closing. The Xxxxxxx Money Deposit shall submit be held by attorney Xxxx X. Xxxxxxx of Grand Rapids, Michigan ("Escrow Agent.") (b) Escrow Agent shall release from escrow and distribute the EMD Escrow Money Deposit as indicated below upon the earliest of the following events: (i) To Seller upon Escrow Agent's receipt of written notice from Buyer that closing of the transaction contemplated by this Agreement has occurred or will occur or for any other reason; (ii) To Buyer upon Escrow Agent's receipt of written notice from Seller that the Escrow Money Deposit should be disbursed to Buyer for any reason; (iii) To Buyer on April 29, 2002 (unless such date is extended by mutual agreement of Buyer and Seller or as contemplated by this Agreement), if the conditions contained in e-Payment gate way systemSection 2.1 of this Agreement are not satisfied as of April 29, DD 2002 for reasons other than Buyer's default, or Bankerare not waived by Buyer and written notice to that effect has been given by Buyer to Seller and the Escrow Agent; (iv) To Seller on April 29, 2002, if (a) the conditions contained in Section 2.1 of this Agreement are satisfied, (b) the conditions contained in Section 2.2 to be initiated or performed by Seller are satisfied or waived by the Seller, (c) Buyer does not close the transactions contemplated by this Agreement, and (d) written notice to that effect has been given by Seller to Buyer and the Escrow Agent. At any time before final distribution of the Xxxxxxx Money Deposit, Escrow Agent shall, if so instructed in writing signed by Seller and Buyer, release the Xxxxxxx Money Deposit and distribute to Seller and/or Buyer, as so directed, any amounts specified in such instructions. Notwithstanding Section 2(a)(iii) and (iv) above, distribution of the xxxxxxx Money Deposit to Buyer or Seller shall not limit any other remedy available to the Buyer or Seller as a result of a breach of this agreement. Seller or Buyer may pursue any action for damages or in equity for the other party’s Cheque along with Bid documentsbreach of this agreement, including without limitation, consequential damages and specific performance. 2.3.2 (c) The 2% EMD parties hereto hereby acknowledge that the Escrow Agent shall have no liability to any party on account of unsuccessful tenderers will be returned no sooner the tenders are finalized or end date its failure to cause disbursement of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by Xxxxxxx Money Deposit if a dispute shall have arisen with respect to the successful tenderer will not carry any interest and it will be dealt with as provided propriety of such draw disbursement; and, in the conditions stipulated event of any dispute as to who is entitled to receive the Xxxxxxx Money Deposit, Escrow Agent shall have the right to retain the Xxxxxxx Money Deposit and cause a disbursement of same in accordance with the Tenderfinal order of a court of competent jurisdiction or to deposit the Xxxxxxx Money Deposit with said court pending a final decision of such controversy. The EMD of a nationalized bank or e-payment shall be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package parties hereto further agree that Escrow Agent shall not be opened liable for failure of the depository and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall otherwise liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents only in the form event of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document in the tender periodEscrow Agent's gross or willful negligence. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employer.

Xxxxxxx Money Deposit. 2.3.1 All the bidders The Bid should be accompanied with an Xxxxxxx Money Deposit [EMD] for a sum of Rs. 5,00,000/- [Rupees Five Lakh Only]. Foreign vendors, registered vendors or vendors who have already applied for renewal of registration, Central PSUs/PSEs/Autonomous Bodies, Micro and Small Enterprises, KVIC, National Small Industries Corporation, etc., are exempted from payment of EMD. The EMD shall submit the EMD in e-Payment gate way system, DD or Banker’s Cheque be submitted along with the Technical Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner the tenders are finalized or end date of in a separate sealed cover superscribing “Xxxxxxx Money Deposit” mentioning the Tender validity period whichever is earlier. 2.3.3 reference number. The xxxxxxx money deposited by the successful tenderer will not carry EMD shall be submitted in one single instalment through Demand Draft/Bankers Cheque/Fixed Deposit Receipts or Bank Guarantee from any interest and it will be dealt with as provided in the conditions stipulated in the Tenderof Nationalized/Scheduled Banks. The EMD of a nationalized bank the unsuccessful bidders will be returned to them at the earliest after expiry of the final bid validity and latest on or e-payment shall be valid for three months and extendable in case any valid extension before the 30th day after the award of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluatedthe Contract. No post bid clarification shall be sought on EMD. 2.3.5 The EMD will be forfeited if the bidder withdraws or amends impairs or derogates from the Tender in any respect within the validity period of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The Tender. Any Tender not accompanied with EMD shall be forfeited: a) If treated as invalid Tender and rejected. Vendors seeking the Tenderers withdraws his Tender during exemption from payment of EMD shall submit necessary proof like registration number, valid Entrepreneur Memorandum Part-II signed by General Manager, District Industries Centre or National Small Industries Corporation [NSIC] Registration Certificate along with your offer. In order to avail of the period benefits extended by Government of Tender validity, b) If India to the Tenderers does not accept Micro and Small Enterprises [MSEs], please submit attested copy of the correction valid Entrepreneur Memorandum Part-II signed by General Manager, District Industries Center or National Small Industries Corporation [NSIC] Registration Certificate along with your offer. The facilities/ benefits will be extended as per orders issued by Ministry of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders MSME, Government of such Tenderers shall liable to be rejected summarily. We will not be responsible for delayIndia, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers New Delhi or any modifications instructions issued from time to existing tender documents in the form of an addendumtime. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT which MSME benefit shall be available for all the prospective Tenderers who have purchased the tender document in the tender period. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made extended up to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employermonitory ceiling fixed by MSME.

Xxxxxxx Money Deposit. 2.3.1 All 16.1 Bid must be accompanied with xxxxxxx money (i.e Xxxxxxx Money Deposit (EMD) also known as Bid Security) in the bidders shall submit the EMD in e-Payment gate way system, DD or form of ‘Demand Draft’ / ‘Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD Cheque’ [in favour of unsuccessful tenderers will be returned no sooner XXXX (India) Limited payable at place mentioned in BDS] or ‘Bank Guarantee’ strictly as per the tenders are finalized or end date format given in form F 2/ F- 2A (as the case may be) of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by the successful tenderer will not carry any interest and it will be dealt with as provided Document. Bidder shall ensure that EMD submitted in the conditions stipulated form of ‘Bank Guarantee’ should have a validity of at least ‘two [02] months’ beyond the validity of the Bid. EMD submitted in the Tender. The EMD form of a nationalized bank ‘Demand Draft’ or e-payment shall ‘Banker’s Cheque’ should be valid for three months and extendable months. Bid not accompanied with EMD, or EMD not in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) requisite format shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluatedliable for rejection. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeitedsubmitted in Indian Rupees only. BANK DETAILS FOR ONLINE SUBMISSION OF EMD/BID SECURITY: 16.2 GAIL shall not be liable to pay any documentation charges, Bank charges, commission, interest etc. on the amount of EMD. In case EMD is in the form of a ‘Bank Guarantee’, the same shall be from any Indian scheduled Bank or a branch of an International Bank situated in India and registered with ‘Reserve Bank of India’ as Scheduled Foreign Bank. However, in case of ‘Bank Guarantee’ from Banks other than the Nationalized Indian Banks, the Bank must be commercial Bank having net worth in excess of Rs. 100 Crores [Rupees One Hundred Crores] and a declaration to this effect should be made by such commercial Bank either in the ‘Bank Guarantee’ itself or separately on its letterhead. 16.3 Any Bid not secured in accordance with “ITB: Clause-16.1 & Clause-16.3” may be rejected by GAIL as non-responsive. 16.4 Unsuccessful Bidder’s EMD will be discharged/ returned as promptly as possible, but not later than ‘thirty [30] days’ after finalization of tendering process. 16.5 The successful Bidder’s EMD will be discharged upon the Bidder’s acknowledging the ‘Award’ and signing the ‘Agreement’ (if applicable) and furnishing the ‘Contract Performance Security (CPS)/ Security Deposit’ pursuant to clause no. 38 of ITB. 16.6 Notwithstanding anything contained herein, the EMD may also be forfeited in any of the following cases: (a) If the Tenderers a Xxxxxx withdraws his Tender Bid during the ‘Period of Bid Validity’ (b) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice (c) If the Bidder modifies Bid during the period of bid validity (after Due Date and Time for Bid Submission). (d) Violates any other condition, mentioned elsewhere in the Tender validityDocument, which may lead to forfeiture of EMD. (e) In the case of a successful Bidder, if the Bidder fails to: (i) to acknowledge receipt of the “Notification of Award” / Fax of Acceptance[FOA]”, b(ii) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required “Contract Performance Security within / Security Deposit”, in accordance with “ITB: Clause-38” (iii) to accept ‘arithmetical corrections’ as per provision of the time specified by the Employerclause 30 of ITB. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents 16.7 In case EMD is in the form of an addendum‘Bank Guarantee’, the same must indicate the Tender Document No. Such an amendment and the name of Tender Document for which the Bidder is quoting. This is essential to have proper correlation at a later date. 16.8 MSEs (Micro & Small Enterprises) are exempted from submission of EMD in accordance with the provisions of PPP-2012 and Clause 40 of ITB. However, Traders/Dealers/ Distributors /Stockiest /Wholesaler are not entitled for exemption of EMD.The Government Departments/PSUs are also exempted from the payment of EMD. Further, Startups are also exempted from the payment of EMD. 16.9 In addition to existing specified form (i.e. Demand Draft (DD)/ Banker’s Cheque/ Bank Guarantee) mentioned in tender documents for submission of an addendum EMD/Bid Bond, the bidder can also submit the EMD through online banking transaction i.e. IMPS/NEFT/RTGS etc. While remitting, the bidder must indicate EMD and tender/E-tender no. under remarks. Bidders shall be required to submit/ upload the successful transaction details along-with their bid/e-bid in addition to forwarding the details to dealing officer through email/letter along with tender reference number immediately after remittance of EMD. In absence of submitting/ uploading the remittance details, the bids are likely to be considered as bid not accompanied with EMD. Further, in case of the above online transaction, submission of EMD in original is not applicable. 16.10 In case of forfeiture of EMD/ Bid Security, the forfeited amount will be uploaded on the e-tendering portal within the date given in NIT which shall considered inclusive of tax and tax invoice will be available for all the prospective Tenderers who have purchased the tender document in the tender period. ii. Sub-contracting shall be generally limited to 50% of the Contract priceissued by GAIL. The forfeiture amount will be subject to final decision of GAIL based on other terms and conditions of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employerorder/ contract.”

Xxxxxxx Money Deposit. 2.3.1 All the bidders a) The Tenderer should make a deposit of Xxxxxxx Money and Tender Fees as prescribed in NIT/Tender by an A/C Payees Demand Draft (Separate for both) drawn on any Scheduled Bank except Rural or Co-Operative Bank in favour of “Ramagundam Fertilizers and Chemicals Limited,” payable at Ramagundam. The Xxxxxxx Money and Tender Fees shall submit the EMD not be accepted in e-Payment gate way system, DD or Banker’s Cheque along with Bid documentsany other form except specified. 2.3.2 b) The 2% EMD of unsuccessful tenderers will be returned no sooner the tenders are finalized or end date of Xxxxxxx Money and Tender Fees should accompany the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by the successful tenderer will not carry any interest and it will be dealt with as provided in the conditions stipulated in the Tender. The EMD of a nationalized bank or e-payment shall be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall separate Envelope without which tender may not be opened and if opened thenit may be considered as rejected at the sole discretion of RFCL. However, it will not Bidders firm registered, Prior to bid submission due date, with NSIC/MSE (Micro & small) vendors are exempted from submission of Tender fee and EMD subject to submission of documentary evidence that the bidder is a Micro or Small Enterprises registered with District Industries Centers or Khadi and Village Industries or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises or Udyog Aadhaar Memorandum. c) In case tenderers are required to collect tenders from RFCL Office, the tender sets may be evaluatedgiven upon the submission of the tender fee in prescribed mode/form as above. No post bid clarification shall be sought on In case parties download the tenders from the website, tendered are required to submit the respective tender fee along with EMD. 2.3.5 The EMD d) Xxxxxxx Money Deposit will be refunded to all unsuccessful bidders after award of Contract/Placement of Order against the successful Tenderer tender to Successful bidder. Xxxxxxx Money Deposit will be refunded to all Technically unsuitable bidders within 30 days after expiry of tender validity period or placement of order against tender whichever is earlier. No Interest shall be returned after receipt of performance security or being adjusted to Performance Securitypayable by RFCL for amount deposited as Xxxxxxx Money. 2.3.6 The EMD shall be forfeited: ae) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall Xxxxxxx Money is liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier.forfeited if tenderer: i. During Withdraws or modifies offer in full or part during the tender validity period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document in the tender period. ii. Sub-contracting shall be generally limited to 50% Failure of the Contract pricebidder to honor their offer. iii. The terms and conditions Does not accept Purchase / Work Order if placed by RFCL iv. Does not Confirm of sub-contracts and acceptance of order within the payments that have to be made to the sub-contractors shall be the sole responsibility stipulated time after placement of the contractor. All the sub-contractors are to be approved from Employerorder.

Xxxxxxx Money Deposit. 2.3.1 All the bidders shall submit the EMD in e-Payment gate way system, DD or Banker’s Cheque along with Bid documents. 2.3.2 2.1 The 2% EMD of unsuccessful tenderers will bid must be returned no sooner the tenders are finalized or end date of the Tender validity period whichever is earlier. 2.3.3 The accompanied by xxxxxxx money deposited by (interest free) for the successful tenderer will not carry any interest and it will be dealt with as provided amount indicated in the conditions stipulated in the ‘Letter Inviting Tender. The EMD of a nationalized bank or e-payment shall be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment a Demand Draft drawn on any Nationalized/Scheduled Bank in favour of M/s. XXXX (India) Limited payable at STATE BANK OF INDIA, PATA (BRANCH CODE 1937), AURAIYA (U.P.) or in the form of Bank guarantee issued by Nationalized Bank for an addendum equal amount valid for six (06) months from the due date of submission of bid as per the format enclosed in bidding document. Bid not accompanied by xxxxxxx money will not be uploaded on considered unless the e-tendering portal within the date given in NIT which same is exempted as per ‘Letter Inviting Tender’. Bank guarantee shall be available revalidated for all the prospective Tenderers who have purchased the tender document extended period as required by GAIL in the tender periodwriting. ii. Sub-contracting shall be generally limited to 50% of 2.2 If the Contract price. The bidder, after submission, revokes his bid or modifies the terms and conditions thereof during the validity of sub-contracts his bid except where the GAIL has given opportunity to do so, the xxxxxxx money submitted by Bidder will, in such case, not be refunded to him. 2.3 GAIL may at any time cancel or withdraw the invitation to bid without assigning any reason and the payments that have xxxxxxx money submitted by Bidder will in such case be refunded to him. 2.4 The successful Bidder shall be made required to deposit within 10 days of acceptance of his bid, security deposit / Initial Security Deposit with the GAIL in the manner indicated in General Conditions of Contract / Special Conditions of Contract. Should the successful Bidder fail or refuse to sign the agreement or furnish the security deposit / initial security deposit within the period fixed by the GAIL as indicated above, the xxxxxxx money shall be forfeited without prejudice to his being liable to any further loss or damage incurred in consequence by the GAIL. 2.5 Xxxxxxx money shall be returned to the sub-contractors shall be successful Bidder after the sole responsibility of security deposit / initial security deposit has been furnished by him to the contractor. All the sub-contractors are to be approved from EmployerGAIL.

Xxxxxxx Money Deposit. 2.3.1 All 16.1 Bid must be accompanied with xxxxxxx money (i.e Xxxxxxx Money Deposit (EMD) also known as Bid Security) in the bidders shall submit form of „Demand Draft‟ / „Banker‟s Cheque‟[in favour of Godavari Gas Private Limited payable at place mentioned in BDS] or „Bank Guarantee‟ or „Letter of Credit‟ strictly as per the EMD format given in e-Payment gate way system, DD or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner form F 4/ F- 4A (as the tenders are finalized or end date case may be) of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by the successful tenderer will not carry any interest and it will be dealt with as provided Document. Bidder shall ensure that EMD submitted in the conditions stipulated form of „Bank Guarantee‟ or „Letter of Credit‟ should have a validity of at least „two [02] months‟ beyond the validity of the Bid. EMD submitted in the Tender. The EMD form of a nationalized bank „Demand Draft‟ or e-payment shall „Banker‟s Cheque‟ should be valid for three months and extendable months. Bid not accompanied with EMD, or EMD not in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) requisite format shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluatedliable for rejection. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeitedsubmitted in Indian Rupees only. 16.2 The EMD is required to protect GGPL against the risk of Bidder‟s conduct, which would warrant the forfeiture of EMD, pursuant to clause-16.7 of ITB. 16.3 GGPL shall not be liable to pay any documentation charges, Bank charges, commission, interest etc. on the amount of EMD. In case EMD is in the form of a „Bank Guarantee‟, the same shall be from any Indian scheduled Bank or a branch of an International Bank situated in India and registered with „Reserve Bank of India‟ as Scheduled Foreign Bank. However, in case of „Bank Guarantee‟ from Banks other than the Nationalized Indian Banks, the Bank must be commercial Bank having net worth in excess of Rs. 100 Crores [Rupees One Hundred Crores] and a declaration to this effect should be made by such commercial Bank either in the „Bank Guarantee‟ itself or separately on its letterhead. 16.4 Any Bid not secured in accordance with “ITB: Clause-16.1 & Clause-16.3” may be rejected by GGPL as non-responsive. 16.5 Unsuccessful Bidder‟s EMD will be discharged/ returned as promptly as possible, but not later than „thirty [30] days‟ after finalization of tendering process. 16.6 The successful Bidder‟s EMD will be discharged upon the Bidder‟s acknowledging the „Award‟ and signing the „Agreement‟ (if applicable) and furnishing the „Contract Performance Security (CPS)/ Security Deposit‟ pursuant to clause no. 38 of ITB. 16.7 Notwithstanding anything contained herein, the EMD may also be forfeited in any of the following cases: (a) If the Tenderers a Xxxxxx withdraws his Tender Bid during the „Period of Bid Validity‟ (b) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice (c) If the Bidder modifies Bid during the period of bid validity (after Due Date and Time for Bid Submission). (d) Violates any other condition, mentioned elsewhere in the Tender validityDocument, which may lead to forfeiture of EMD. (e) In the case of a successful Bidder, if the Bidder fails to: (i) to acknowledge receipt of the “Notification of Award” / Fax of Acceptance[FOA]”, b(ii) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required “Contract Performance Security within / Security Deposit”, in accordance with “ITB: Clause-38” (iii) to accept „arithmetical corrections‟ as per provision of the time specified by the Employerclause 30 of ITB. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents 16.8 In case EMD is in the form of an addendum„Bank Guarantee‟ or „Letter of Credit‟, the same must indicate the Tender Document No. Such an amendment and the name of Tender Document for which the Bidder is quoting. This is essential to have proper correlation at a later date. 16.9 MSEs (Micro & Small Enterprises) are exempted from submission of EMD in accordance with the form provisions of an addendum PPP-2012 and Clause 40 of ITB. The Government Departments/PSUs are also exempted from the payment of EMD. However, Traders/Dealers/ Distributors /Stockiest /Wholesaler are not entitled for exemption of EMD. 17.1 The Bidder(s) or his designated representative are invited to attend a "Pre-Bid Meeting" which will be held at address specified in IFB. It is expected that a bidder shall not depute more than 02 representatives for the meeting. 17.2 Purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage and give hands-on e-tendering. 17.3 Text of the questions raised and the responses given, together with any responses prepared after the meeting, will be uploaded on the GGPL e-tendering portal within website against the date given Tender. Any modification of the Contents of Bidding Documents listed in NIT which "ITB: Clause-7.1", that may become necessary as a result of the Pre-Bid Meeting shall be available for all made by the prospective Tenderers who have purchased Employer exclusively through the tender document in issue of an Addendum / Corrigendum pursuant to "ITB: Clause-9", and not through the tender periodminutes of the Pre-Bid Meeting. ii. Sub17.4 Non-contracting shall be generally limited to 50% attendance of the Contract price. The terms and conditions Pre-Bid Meeting will not be a cause for disqualification of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from EmployerBidder.

Xxxxxxx Money Deposit. 2.3.1 All Section 8.1. Within three (3) business days after the bidders full execution and delivery of this Agreement, Buyer shall submit deposit the EMD sum of $______________________ in e-Payment gate way systemcash, DD certified bank check or Banker’s Cheque along by wire transfer of immediately available funds with Bid documents____________________________________________________________________________________________________________________________________________________________ as escrow agent (“Escrow Agent”),which sum shall be held by Escrow Agent as xxxxxxx money (the “Xxxxxxx Money”). 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner Section 8.2. In the tenders are finalized event Xxxxxxx Money is not timely received by Escrow Agent or end date Xxxxxxx Money check or other instrument is not honored for any reason by the bank upon which it is drawn, Escrow Agent shall promptly notify Buyer and Seller of the Tender validity period whichever Buyer’s failure to deposit the agreed upon Xxxxxxx Money. Buyer shall then have three (3) day to deliver Xxxxxxx Money in immediately available funds to the Escrow Agent. In the event Buyer does not deliver such funds, Buyer is earlier. 2.3.3 The xxxxxxx money in default and Seller shall have the right to terminate this Agreement by delivering to Buyer or Xxxxx’s representative written notice. In the event Buyer delivers the Xxxxxxx Money in immediately available funds to Escrow Agent before Seller elects to terminate, Seller shall be deemed to have waived his right to terminate, and the Agreement shall remain in full force and effect. Xxxxxxx Money is to be deposited promptly after the Binding Agreement Date or the agreed upon delivery date in this Xxxxxxx Money section or as specified in this Agreement. Escrow Agent shall disburse Xxxxxxx Money only as follows: At Closing to be applied as a credit toward Xxxxx’s Purchase Price; Upon a written agreement signed by the successful tenderer will not carry any all parties having an interest and it will be dealt with as provided in the conditions stipulated in the Tender. The EMD funds; Upon order of a nationalized bank court or e-payment shall be valid for three months and extendable in case arbitrator having jurisdiction over any valid extension dispute involving the Xxxxxxx Money; Upon reasonable interpretation of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of this Agreement; or Upon the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form filling of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document in the tender period. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of sub-contracts and the payments that have interpleader action with payment to be made to the sub-contractors clerk of the court having jurisdiction over the matter. Escrow Agent shall be reimbursed for, and may deduct from any funds interpleaded, its costs and expenses, including reasonable attorney’s fees. The prevailing party in the sole responsibility interpleader action shall be entitled to collect from the other party the costs and expenses reimbursed to Escrow Agent. No party shall seek damages from Escrow Agent (nor shall Escrow Agent be liable for the same) for any matter arising out of or related to the contractorperformance of Escrow Agent’s duties under this Xxxxxxx Money section. All the sub-contractors are Xxxxxxx Money shall not be disbursed prior to be approved from Employerfourteen (14) days after deposit unless written evidence of clearance by bank is provided.

Xxxxxxx Money Deposit. 2.3.1 All the bidders shall submit the EMD in e-Payment gate way system, DD or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner the tenders are finalized or end date of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by the successful tenderer will not carry any interest and it will be dealt with as provided in the conditions stipulated in the Tender. The EMD of a nationalized bank or e-payment shall be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-non- receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document in the tender period. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employer.

Xxxxxxx Money Deposit. 2.3.1 All (INTEREST FREE) ा ा ा ( ा fह ) i. Amount of declared interest free Xxxxxxx Money Deposit (EMD) is to be submitted in form of Demand Draft / Pay Order, Payable at Kolkata and issued in favour of “Garden Reach Shipbuilders & Engineers Limited” by any Nationalized/Scheduled Bank other than Co-operative Bank. Physical DD/PO to be forwarded to Tendering Department of GRSE within 07 days of tender due date. A scanned copy of the bidders shall submit same is to be uploaded as an attachment to the EMD in PART I e-Payment gate way system, DD or Banker’s Cheque along with Bid documentsbid submission. 2.3.2 ii. EMD may also be submitted in the form of Bank Guarantee with six months validity as per enclosed GRSE format of Bank Guarantee and is to be forwarded directly to GM (Finance), GRSE in Bankers’ sealed envelope failing which same will not be accepted. Details of B.G. are to be in Techno-Commercial part of offer. iii. MSE registered firms having the tendered service listed in their MSE document will be eligible for exemption from submitting XXX.Xx claim the exemption a copy of the valid MSE certificate with its annexure is to be scanned and uploaded as an attachment to the General Document part of E-PROCUREMENT. The 2% same is to be confirmed in the PART I concurrence format. iv. Non-submission of EMD or a valid MSE certificate may lead to offer rejection. v. GRSE will issue Money Receipt against EMD submitted by way of DD/PO. vi. Refund of Xxxxxxx Money Deposits a. EMD of unsuccessful tenderers bidders will be refunded/ returned within 30 days of finalisation of order on surrendering the original copy of GRSE Money Receipt with an application by xxxxxx addressed to HOD of Ordering Department, GRSE on receipt of intimation from GRSE. b. EMD of disqualified bidders in TNC/CNC will be returned no sooner within 30 days from the tenders are finalized or end date of receipt of application along with original copy of Money Receipt from the Tender validity period whichever is earlierbidder. EMD, if not claimed within 1 year from the date of notification EMD will be forfeited. 2.3.3 The xxxxxxx money deposited by the successful tenderer will not carry any interest and it will be dealt with as provided in the conditions stipulated in the Tender. The c. EMD of a nationalized bank or e-payment shall be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it successful bidder will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Securitydeposit against work order as per contractual terms. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document in the tender period. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employer.

Xxxxxxx Money Deposit. 2.3.1 All Concurrent with the bidders execution of this Agreement, Buyer and Seller shall submit promptly cause an escrow (the EMD in e“Escrow”) to be opened with First American Title Insurance Company located at 000 Xxxxx Xxxxxxxx Xxxxxx, Suite 400, Los Angeles, California 90017, attention: Xxxxx Xxxxxxxx, telephone: (000) 000-Payment gate way system0000, DD or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner the tenders are finalized or end date facsimile: (000) 000-0000, e‑mail: xxxxxxxxx@xxxxxxx.xxx (“Escrow Holder”). Within three (3) business days of the Tender validity period whichever Effective Date, Buyer shall deposit with Escrow Five Hundred Thousand and No/100 Dollars ($500,000.00) (the “Xxxxxxx Money Deposit”). In the event Buyer fails to timely make the Xxxxxxx Money Deposit as set forth herein, Seller may elect to terminate this Agreement, at which point the respective obligations of the parties hereunder shall terminate (except those provisions that expressly survive any termination) and Buyer shall be responsible for any Escrow and Title Company charges incurred. The Xxxxxxx Money Deposit shall be made by either delivering cash or certified funds to Escrow Holder. Interest accruing on the Xxxxxxx Money Deposit, if any, shall be held for the benefit of Buyer. If the Closing occurs, the Xxxxxxx Money Deposit shall be applied to the payment of the Purchase Price. The Escrow shall be opened and maintained solely for the purpose of holding and disbursing monetary deposits and documents evidencing monetary amounts as directed by Buyer and Seller, and Escrow Holder is earlier. 2.3.3 The xxxxxxx money deposited hereby directed to disburse funds held by it in accordance with the successful tenderer will not carry terms and provisions of this Agreement, or as otherwise directed in a writing signed by both Buyer and Seller. If Buyer has made the Xxxxxxx Money Deposit and this Agreement is terminated prior to the End of the Inspection Period, Escrow Holder is hereby instructed to promptly return the Xxxxxxx Money Deposit, together with any interest earned thereon, to Buyer. Except in the event of a Seller default or as expressly set forth in Section 4.1 (to the extent that, as of the date this Agreement is terminated, the deadline to complete a particular Buyer’s Condition has passed and it will is unsatisfied), if this Agreement is terminated after the End of the Inspection Period, Escrow Holder is hereby instructed to promptly deliver the Xxxxxxx Money Deposit, together with any interest earned thereon, to Seller. These instructions shall be dealt irrevocable and shall supersede any conflicting provision in Escrow Holder’s general conditions or in any escrow instructions executed upon Escrow Holder’s request. This Agreement shall constitute escrow instructions to Escrow Holder with respect to the Xxxxxxx Money Deposit, but Escrow Holder shall be concerned only with the receipt and deposit of the funds and the disbursement of the funds as provided in the conditions stipulated this Agreement, or as otherwise directed in the Tender. The EMD of a nationalized bank or e-payment shall be valid for three months writing by both Buyer and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned aboveSeller, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package but shall not be opened otherwise concerned with the terms and if opened thenprovisions of this Agreement. The parties hereby agree and acknowledge that Escrow Holder’s general provisions are hereby incorporated herewith, it will not be evaluatedprovided however, to the extent there is any conflict between the terms herein and that of the Escrow Holder’s general provisions, the terms of this Agreement shall govern. No post bid clarification Notwithstanding anything to the contrary herein, in the event this Agreement is terminated in accordance with the terms hereof for any reason other than for a default by Seller or Buyer under the terms hereof, $100.00 of the Xxxxxxx Money Deposit shall be sought on EMD. 2.3.5 The EMD disbursed to Seller as consideration for the execution of this Agreement (the “Independent Consideration”) and the balance of the successful Tenderer Xxxxxxx Money Deposit, including interest earned thereon, shall be returned after receipt to Buyer. In the event this Agreement is determined to be unenforceable or void as a mutually binding contract by reason of performance security the existence of any condition, the indefiniteness of any provision, the lack of mutuality, or being adjusted any approval, election or discretion of Buyer with respect to Performance Security. 2.3.6 The EMD any contingency or other matter, then the Independent Consideration shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date considered adequate consideration for, and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT which this Agreement shall be available for all construed as, an option to purchase enforceable in accordance with the prospective Tenderers who have purchased the tender document in the tender periodterms set forth herein. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employer.

Xxxxxxx Money Deposit. 2.3.1 Concurrently with the execution hereof by Buyer, Buyer shall deposit with the Escrow Holder the sum of Five Million Dollars and 00/100ths ($5,000,000.00) (the “Xxxxxxx Money Deposit”). Escrow Holder shall hold the Xxxxxxx Money Deposit in United States Treasury obligations or treasury-backed repurchase agreements, or such other investment as may be selected by Buyer and reasonably approved by Sellers on a funds investment form provided by Escrow Holder. All interest or other amounts earned upon the bidders Xxxxxxx Money Deposit shall submit the EMD in e-Payment gate way system, DD or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner the tenders are finalized or end date become part of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited Xxxxxxx Money Deposit and shall be applied with the Xxxxxxx Money Deposit in accordance with the terms and provisions of this Agreement. If the Closing occurs pursuant to the provisions of this Agreement and each Related Purchase Agreement Closing occurs under each Related Purchase Agreement, the Xxxxxxx Money Deposit, plus all accrued interest or other amounts earned thereon, shall be applied against the Purchase Price hereunder and/or against the purchase price payable under each Related Purchase Agreement, as directed by Buyer. If the Closing fails to occur under the provisions of this Agreement or any Related Purchase Agreement Closing fails to occur under any Related Purchase Agreement, the Xxxxxxx Money Deposit, plus all accrued interest or other amounts earned thereon, shall be either delivered to Buyer, or delivered to Sellers as non-refundable liquidated damages (and not as a penalty), as determined by the successful tenderer will not carry any provisions of Sections 7 below. In the event that Sellers are entitled to retain the Xxxxxxx Money Deposit plus accrued interest and it will be dealt with as provided in or other amounts earned thereon pursuant to Section 7.2.1 below, the conditions stipulated in the Tender. The EMD allocation of a nationalized bank Xxxxxxx Money Deposit plus accrued or e-payment other amounts earned interest thereon among each Seller, shall be valid for three months as determined by Sellers, and extendable in case neither Buyer nor Escrow Holder shall be concerned therewith. Notwithstanding the foregoing or any valid extension other provision hereof to the contrary, the sum of contract period One Hundred Dollars and 00/100ths ($100.00) out of the Xxxxxxx Money Deposit is granted. 2.3.4 If an acceptable EMD independent of any other consideration provided hereunder, shall be fully earned by Sellers upon the Effective Date hereof, and is not submitted refundable to Buyer under any circumstances. Accordingly, if this Agreement is terminated for any reason by a tenderer as mentioned aboveeither party, then tender(s) of such tenderer(s) independent consideration shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMDpaid by Escrow Holder to Sellers. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document in the tender period. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employer.

Xxxxxxx Money Deposit. 2.3.1 All Within five (5) business days following the bidders Effective Date, Purchaser shall submit deliver to Fidelity National Title Co. (“Escrow Company”), for the EMD in e-Payment gate way systembenefit of Seller, DD or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner the tenders are finalized or end date of the Tender validity period whichever is earlier. 2.3.3 The FORTY THOUSAND DOLLARS ($40,000) xxxxxxx money deposited by the successful tenderer will not carry any interest and it will be dealt with as provided in the conditions stipulated in the Tender. The EMD of a nationalized bank or e-payment shall be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addenduma cash deposit (“Xxxxxxx Money Deposit”). Such an amendment The Xxxxxxx Money Deposit shall be held by Escrow Company and shall become nonrefundable but applicable to the Purchase Price upon Purchaser’s written notice to waive its contingencies set forth in Section 6 below. Subject to the foregoing, the Xxxxxxx Money Deposit shall be nonrefundable after the expiration of the Review Period set forth in Section 5 including any mutually agreed extensions thereof, except in the form event of an addendum will Seller’s default as provided in Section 12(a), and shall be uploaded applied to the Purchase Price at Closing; PROVIDED, IN THE EVENT PURCHASER FAILS, WITHOUT LEGAL EXCUSE, TO COMPLETE THE PURCHASE OF THE PROPERTY AS SPECIFIED HEREIN, THE XXXXXXX MONEY DEPOSIT SHALL BE FORFEITED TO SELLER AS LIQUIDATED DAMAGES, BUT NOT AS A PENALTY, AS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO SELLER. The parties agree that the liquidated damages represent a reasonable sum considering all of the circumstances existing on the e-tendering portal within date of this Agreement and further represent a reasonable estimate of the date given in NIT which losses that Seller will incur if Purchaser fails to purchase the Property after all conditions precedent to Purchaser’s performance have been satisfied. The Xxxxxxx Money Deposit shall be available for all the prospective Tenderers who have purchased the tender document refunded to Purchaser in the tender period. ii. Sub-contracting shall be generally limited event that Purchaser gives Seller and Escrow Company written notice of its decision not to 50% proceed with the purchase of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made Property prior to the sub-contractors shall be the sole responsibility end of the contractor. All the sub-contractors are to be approved from EmployerReview Period, including any extensions thereof.

Xxxxxxx Money Deposit. 2.3.1 All the bidders EMD) 3.1 Bidders shall submit the furnish EMD in e-Payment gate way system, DD or Banker’s Cheque along with Bid documentsof Rs.8,00,000/- (Rupees Eight Lakh Only) against this tender. 2.3.2 3.2 The 2% EMD can be remitted directly to MDL Bank Account as per details given in Annexure-“A” of unsuccessful tenderers will be returned no sooner this tender. Further, the tenders are finalized or end date bidder should specifically mention the details of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by the successful tenderer will not carry any interest and it will be dealt with company name as provided well as nature of remittance, tender number/order number etc in the conditions stipulated text/narration fields of Bank’s NEFT remittance in order to identify the Tender. The same 3.3 EMD of a nationalized bank or e-payment shall can also be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment Bank Guarantee in the form prescribed format drawn in favour of an addendum will MAZAGON DOCK SHIPBUILDERS LIMITED payable at Mumbai. The format of Bank Guarantee for EMD is available on MDL Website. The bid bond / Bank Guarantee should be uploaded on valid for 4 more weeks beyond the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document offer validity period indicated in the tender periodtender. Bank Guarantee should be drawn on reputed Nationalized / Scheduled Banks excluding co-operative banks. In case of BG, Xxxxxxx to advise their bank/banker to send original BG directly to OTS department in sealed envelope to dispense with additional step of verification of authenticity of signatories. ii3.4 Bidders are requested to upload the scanned image of EMD i.e. Annexure-A/Bank Guarantee online along with the bid. Sub-contracting shall be generally limited If bidders are submitting the Bank Guarantee, they are requested to 50% inform us the address, Tel. No., Fax No. of the Contract price. The terms issuing Bank and conditions forward the original of sub-contracts and the payments that have scanned copy of EMD enclosed in a envelop addressed to be made HOD (Outsourcing),6th floor, Service Block, North Yard, Mazagon Dock Shipbuilders Limited, Mumbai–400010, superscribing Tender No & Tender date by Speed Post/Registered Post/Courier Service/Hand Delivery to reach the sub-contractors shall be office of HOD(Outsourcing)within seven days from the sole Tender closing date. 3.5 Timely submission of the EMD is the responsibility of the contractor. All bidders and no reasons / excuses in this regard will be entertained by MDL. 3.6 EMD of unsuccessful bidders will be returned after finalization of the sub-contractors are to tender and shall be approved from Employerinterest free. 3.7 For making online payment please follow the following steps:

Xxxxxxx Money Deposit. 2.3.1 All 16.1 Bid must be accompanied with xxxxxxx money (i.e Xxxxxxx Money Deposit (EMD) also known as Bid Security) in the bidders shall submit the EMD in e-Payment gate way system, DD or form of ‘Demand Draft’ / ‘Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD Cheque’ [in favour of unsuccessful tenderers will be returned no sooner XXXX (India) Limited payable at place mentioned in BDS] or ‘Bank Guarantee’ or ‘Letter of Credit’ strictly as per the tenders are finalized or end date format given in form F 4/ F- 4A (as the case may be) of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by the successful tenderer will not carry any interest and it will be dealt with as provided Document. Bidder shall ensure that EMD submitted in the conditions stipulated form of ‘Bank Guarantee’ or ‘Letter of Credit’ should have a validity of at least ‘two [02] months’ beyond the validity of the Bid. EMD submitted in the Tender. The EMD form of a nationalized bank ‘Demand Draft’ or e-payment shall ‘Banker’s Cheque’ should be valid for three months and extendable months. Bid not accompanied with EMD, or EMD not in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) requisite format shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluatedliable for rejection. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeitedsubmitted in Indian Rupees only. 16.2 The EMD is required to protect GAIL against the risk of Bidder’s conduct, which would warrant the forfeiture of EMD, pursuant to clause-16.7 of ITB. 16.3 GAIL shall not be liable to pay any documentation charges, Bank charges, commission, interest etc. on the amount of EMD. In case EMD is in the form of a ‘Bank Guarantee’, the same shall be from any Indian scheduled Bank or a branch of an International Bank situated in India and registered with ‘Reserve Bank of India’ as Scheduled Foreign Bank. However, in case of ‘Bank Guarantee’ from Banks other than the Nationalized Indian Banks, the Bank must be commercial Bank having net worth in excess of Rs. 100 Crores [Rupees One Hundred Crores] and a declaration to this effect should be made by such commercial Bank either in the ‘Bank Guarantee’ itself or separately on its letterhead. 16.4 Any Bid not secured in accordance with “ITB: Clause-16.1 & Clause-16.3” may be rejected by GAIL as non-responsive. 16.5 Unsuccessful Bidder’s EMD will be discharged/ returned as promptly as possible, but not later than ‘thirty [30] days’ after finalization of tendering process. 16.6 The successful Bidder’s EMD will be discharged upon the Bidder’s acknowledging the ‘Award’ and signing the ‘Agreement’ (if applicable) and furnishing the ‘Contract Performance Security (CPS)/ Security Deposit’ pursuant to clause no. 38 of ITB. 16.7 Notwithstanding anything contained herein, the EMD may also be forfeited in any of the following cases: (a) If the Tenderers a Xxxxxx withdraws his Tender Bid during the ‘Period of Bid Validity’ (b) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice (c) If the Bidder modifies Bid during the period of bid validity (after Due Date and Time for Bid Submission). (d) Violates any other condition, mentioned elsewhere in the Tender validityDocument, which may lead to forfeiture of EMD. (e) In the case of a successful Bidder, if the Bidder fails to: (i) to acknowledge receipt of the “Notification of Award” / Fax of Acceptance[FOA]”, b(ii) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required “Contract Performance Security within / Security Deposit”, in accordance with “ITB: Clause-38” (iii) to accept ‘arithmetical corrections’ as per provision of the time specified by the Employerclause 30 of ITB. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents 16.8 In case EMD is in the form of an addendum‘Bank Guarantee’ or ‘Letter of Credit’, the same must indicate the Tender Document No. Such an amendment in and the form name of an addendum will be uploaded on Tender Document for which the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who Bidder is quoting. This is essential to have purchased the tender document in the tender periodproper correlation at a later date. ii16.9 MSEs (Micro & Small Enterprises) are exempted from submission of EMD in accordance with the provisions of PPP-2012 and Clause 40 of ITB. Sub-contracting shall be generally limited to 50% However, Traders/Dealers/ Distributors /Stockiest /Wholesaler are not entitled for exemption of EMD.The Government Departments/PSUs are also exempted from the Contract pricepayment of EMD. The terms and conditions Further, Startups are also exempted from the payment of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from EmployerEMD.

Xxxxxxx Money Deposit. 2.3.1 All Within three (3) business days after the bidders Effective Date of this Agreement (as defined below in paragraph 26 below), Buyer shall submit the EMD in edeposit with Lawyers Title, 0000 Xxxxxx XxXxxxxx Parkway, Ste. 201, McKinney, Texas 75070, Attn: Xxxxxxxx Xxxxxxx Tel.: 000-Payment gate way system000-0000, DD or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner the tenders are finalized or end date of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by the successful tenderer will not carry any interest and it will be dealt with as provided in the conditions stipulated in the Tender. The EMD of a nationalized bank or e-payment shall be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender periodEmail: xxxxxxxx@xxxxxxxxxxxx.xxx, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents sum of Fifty Thousand Dollars ($50,000.00) in the form of an addenduma certified check, cashier's check or wire transfer as the xxxxxxx money deposit (“Deposit”) to be held in trust for the benefit of the parties by Lawyers Title (“Title Company”) in its capacity as escrow agent in a non-interest bearing accounts of Federally insured banking or savings institution(s), pursuant to the terms of this Agreement. Such an amendment The Deposit to be applied to the Purchase Price. With the removal of the contingencies set forth in paragraphs 4, 7, and Addendum D (if applicable) hereof deposit shall be non-refundable. The entire Deposit shall be credited to the Purchase Price at the Closing Date, unless otherwise provided herein. If Buyer fails to timely deliver the Deposit, Seller may, at Seller's option, terminate this Agreement by delivering a written termination notice to Buyer. Buyer acknowledges and agrees that, in the form event Buyer defaults on this Agreement after removal of an addendum will contingencies, Buyer's Deposit is non-refundable and is forfeited to Seller. If the Property is made unmarketable by Seller or Seller defaults on this Agreement, the Deposit must immediately be uploaded on returned to Buyer. Notwithstanding the e-tendering portal within the date given in NIT which foregoing, no party shall be available liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when, and to the extent, such failure or delay is caused by or results from one or more of the following force majeure events (“Force Majeure Events”), so long as the Force Majeure Event is beyond the reasonable control of the party impacted by it (the Purchase Agreement Seller's Initials Buyer's Initials “Impacted Party”): (a) acts of God such as hurricane, flood, earthquake, tornado, fire, avalanche, or tsunami; (b) war, invasion, armed conflict (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (c) epidemics, pandemics, or government-mandated quarantines or stay-at-home orders (excluding recurrences of prior epidemics, pandemics, or quarantines or stay-at-home orders); or (d) government law, regulation, order, or other action. In such a Force Majeure Event, the Impacted Party must provide written notice to all other parties to this Agreement demonstrating that the prospective Tenderers who have purchased Force Majeure Event has rendered performance of the tender document Impacted Party's obligations under this Agreement impossible. Upon service of such written notice in accordance with the tender period. ii. Sub-contracting notice provisions of this Agreement, this Agreement shall be generally limited deemed terminated at no fault to 50% either party. If Buyer, as the Impacted Party, timely serves such written notice upon all other parties within five (5) calendar days of the Contract price. The terms and conditions Force Majeure Event rendering performance of sub-contracts and the payments that have to be made to Buyer's obligations impossible, then the sub-contractors Deposit shall be immediately refunded to Buyer; otherwise, Seller shall be entitled to retain the sole responsibility of the contractor. All the sub-contractors are to be approved from EmployerDeposit.

Xxxxxxx Money Deposit. 2.3.1 All 2.1 The bidder must submit Xxxxxxx Money Deposit (interest free) for the bidders shall submit the EMD amount indicated in e-Payment gate way system, DD or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner the tenders are finalized or end date of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by the successful tenderer will not carry any interest and it will be dealt with as provided in the conditions stipulated in the ‘Letter Inviting Tender. The EMD of a nationalized bank or e-payment shall be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment a Demand Draft drawn on any Nationalized/Scheduled Bank in favour of M/s. XXXX (India) Limited payable at STATE BANK OF INDIA, PATA (BRANCH CODE 1937), AURAIYA (U.P.) or in the form of Bank guarantee issued by Nationalized Bank for an addendum equal amount valid for six (06) months from the due date of submission of bid as per the format enclosed in bidding document. Bid not accompanied by xxxxxxx money will not be uploaded on considered unless the e-tendering portal within the date given in NIT which same is exempted as per ‘Letter Inviting Tender’. Bank guarantee shall be available revalidated for all the prospective Tenderers who have purchased the tender document extended period as required by GAIL in the tender periodwriting. ii. Sub-contracting shall be generally limited to 50% of 2.2 If the Contract price. The bidder, after submission, revokes his bid or modifies the terms and conditions thereof during the validity of sub-contracts his bid except where the GAIL has given opportunity to do so, the xxxxxxx money submitted by Xxxxxx will, in such case, not be refunded to him. 2.3 GAIL may at any time cancel or withdraw the invitation to bid without assigning any reason and the payments that have xxxxxxx money submitted by Bidder will in such case be refunded to him. 2.4 The successful Bidder shall be made required to deposit within 10 days of acceptance of his bid, security deposit with GAIL in the manner indicated in General Conditions of Contract / Special Conditions of Contract. Should the successful Bidder fail or refuse to sign the agreement or furnish the security deposit within the period fixed by GAIL as indicated above, the xxxxxxx money shall be forfeited without prejudice to his being liable to any further loss or damage incurred in consequence by the GAIL. 2.5 Xxxxxxx money shall be returned to the sub-contractors shall be successful Bidder after the sole responsibility of the contractor. All the sub-contractors are security deposit has been furnished by him to be approved from EmployerGAIL.

Xxxxxxx Money Deposit. 2.3.1 All 16.1 Bid must be accompanied with xxxxxxx money (i.e Xxxxxxx Money Deposit (EMD) also known as Bid Security) in the bidders shall submit form of „Demand Draft‟ / „Banker‟s Cheque‟[in favour of Godavari Gas Private Limited payable at place mentioned in BDS] or „Bank Guarantee‟ or „Letter of Credit‟ strictly as per the EMD format given in e-Payment gate way system, DD or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner form F 4/ F- 4A (as the tenders are finalized or end date case may be) of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by the successful tenderer will not carry any interest and it will be dealt with as provided Document. Bidder shall ensure that EMD submitted in the conditions stipulated form of „Bank Guarantee‟ or „Letter of Credit‟ should have a validity of at least ‗two [02] months‘ beyond the validity of the Bid. EMD submitted in the Tender. The EMD form of a nationalized bank „Demand Draft‟ or e-payment shall „Banker‟s Cheque‟ should be valid for three months and extendable months. Bid not accompanied with EMD, or EMD not in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) requisite format shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluatedliable for rejection. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeitedsubmitted in Indian Rupees only. 16.2 The EMD is required to protect GGPL against the risk of Bidder‘s conduct, which would warrant the forfeiture of EMD, pursuant to clause-16.7 of ITB. 16.3 GGPL shall not be liable to pay any documentation charges, Bank charges, commission, interest etc. on the amount of EMD. In case EMD is in the form of a ‗Bank Guarantee‘, the same shall be from any Indian scheduled Bank or a branch of an International Bank situated in India and registered with ‗Reserve Bank of India‘ as Scheduled Foreign Bank. However, in case of ‗Bank Guarantee‘ from Banks other than the Nationalized Indian Banks, the Bank must be commercial Bank having net worth in excess of Rs. 100 Crores [Rupees One Hundred Crores] and a declaration to this effect should be made by such commercial Bank either in the ‗Bank Guarantee‘ itself or separately on its letterhead. 16.4 Any Bid not secured in accordance with ―ITB: Clause-16.1 & Clause-16.3‖ may be rejected by GGPL as non-responsive. 16.5 Unsuccessful Bidder‘s EMD will be discharged/ returned as promptly as possible, but not later than ‗thirty [30] days‘ after finalization of tendering process. 16.6 The successful Bidder‘s EMD will be discharged upon the Bidder‘s acknowledging the ‗Award‘ and signing the ‗Agreement‘ (if applicable) and furnishing the ‗Contract Performance Security (CPS)/ Security Deposit‘ pursuant to clause no. 38 of ITB. 16.7 Notwithstanding anything contained herein, the EMD may also be forfeited in any of the following cases: (a) If the Tenderers a Bidder withdraws his Tender Bid during the ‗Period of Bid Validity‘ (b) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice (c) If the Bidder modifies Bid during the period of bid validity (after Due Date and Time for Bid Submission). (d) Violates any other condition, mentioned elsewhere in the Tender validityDocument, which may lead to forfeiture of EMD. (e) In the case of a successful Bidder, if the Bidder fails to: (i) to acknowledge receipt of the ―Notification of Award‖ / Fax of Acceptance[FOA]‖, b(ii) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required ―Contract Performance Security within / Security Deposit‖, in accordance with ―ITB: Clause-38‖ (iii) to accept ‗arithmetical corrections‘ as per provision of the time specified by the Employerclause 30 of ITB. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents 16.8 In case EMD is in the form of an addendum‗Bank Guarantee‘ or ‗Letter of Credit‘, the same must indicate the Tender Document No. Such an amendment and the name of Tender Document for which the Bidder is quoting. This is essential to have proper correlation at a later date. 16.9 MSEs (Micro & Small Enterprises) are exempted from submission of EMD in accordance with the form provisions of an addendum PPP-2012 and Clause 40 of ITB. The Government Departments/PSUs are also exempted from the payment of EMD. However, Traders/Dealers/ Distributors /Stockiest /Wholesaler are not entitled for exemption of EMD. 17.1 The Bidder(s) or his designated representative are invited to attend a "Pre-Bid Meeting" which will be held at address specified in IFB. It is expected that a bidder shall not depute more than 02 representatives for the meeting. 17.2 Purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage and give hands-on e-tendering. 17.3 Text of the questions raised and the responses given, together with any responses prepared after the meeting, will be uploaded on the GGPL e-tendering portal within website against the date given Tender. Any modification of the Contents of Bidding Documents listed in NIT which "ITB: Clause-7.1", that may become necessary as a result of the Pre-Bid Meeting shall be available for all made by the prospective Tenderers who have purchased Employer exclusively through the tender document in issue of an Addendum / Corrigendum pursuant to "ITB: Clause-9", and not through the tender periodminutes of the Pre-Bid Meeting. ii. Sub17.4 Non-contracting shall be generally limited to 50% attendance of the Contract price. The terms and conditions Pre-Bid Meeting will not be a cause for disqualification of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from EmployerBidder.

Xxxxxxx Money Deposit. 2.3.1 All 16.1 Bid must be accompanied with xxxxxxx money (i.e Xxxxxxx Money Deposit (EMD) also known as Bid Security) in the bidders shall submit form of „Demand Draft‟ / „Banker‟s Cheque‟[in favour of Godavari Gas Private Limited payable at place mentioned in BDS] or „Bank Guarantee‟ or „Letter of Credit‟ strictly as per the EMD format given in e-Payment gate way system, DD or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner form F 4/ F- 4A (as the tenders are finalized or end date case may be) of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by the successful tenderer will not carry any interest and it will be dealt with as provided Document. Bidder shall ensure that EMD submitted in the conditions stipulated in form of „Bank Guarantee‟ or „Letter of Credit‟ should have a validity of at least ‗two [02] months‘ beyond the Tendervalidity of the Bid. The EMD submittedin the form of a nationalized bank „Demand Draft‟ or e-payment shall „Banker‟s Cheque‟ should be valid for three months and extendable months. Bid not accompanied with EMD, or EMD not in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) requisite format shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluatedliable for rejection. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeitedsubmitted in Indian Rupees only. 16.2 The EMD is required to protect GGPL against the risk of Bidder‘s conduct, which would warrant the forfeiture of EMD, pursuant to clause-16.7 of ITB. 16.3 GGPL shall not be liable to pay any documentation charges, Bank charges, commission, interest etc. on the amount of EMD. In case EMD is in the form of a ‗Bank Guarantee‘, the same shall be from any Indian scheduled Bank or a branch of an International Bank situated in India and registered with ‗Reserve Bank of India‘ as Scheduled Foreign Bank. However, in case of ‗Bank Guarantee‘ from Banks other than the Nationalized Indian Banks, the Bank must be commercial Bank having net worth in excess of Rs. 100 Crores [Rupees One Hundred Crores] and a declaration to this effect should be made by such commercial Bank either in the ‗Bank Guarantee‘ itself or separately on its letterhead. 16.4 Any Bid not secured in accordance with ―ITB: Clause-16.1 & Clause-16.3‖ may be rejected by GGPL as non-responsive. 16.5 Unsuccessful Bidder‘s EMD will be discharged/ returned as promptly as possible, but not later than ‗thirty [30] days‘ after finalization of tendering process. 16.6 The successful Bidder‘s EMD will be discharged upon the Bidder‘s acknowledging the ‗Award‘ and signing the ‗Agreement‘ (if applicable) and furnishing the ‗Contract Performance Security (CPS)/ Security Deposit‘ pursuant to clause no. 38 of ITB. 16.7 Notwithstanding anything contained herein, the EMD may also be forfeited in any of the following cases: (a) If the Tenderers a Bidder withdraws his Tender Bid during the ‗Period of Bid Validity‘ (b) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice (c) If the Bidder modifies Bid during the period of bid validity (after Due Date and Time for Bid Submission). (d) Violates any other condition, mentioned elsewhere in the Tender validityDocument, which may lead to forfeiture of EMD. (e) In the case of a successful Bidder, if the Bidder fails to: (i) to acknowledge receipt of the ―Notification of Award‖ / Fax of Acceptance[FOA]‖, b(ii) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required ―Contract Performance Security within / Security Deposit‖, in accordance with ―ITB: Clause-38‖ (iii) to accept ‗arithmetical corrections‘ as per provision of the time specified by the Employerclause 30 of ITB. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents 16.8 In case EMD is in the form of an addendum‗Bank Guarantee‘ or ‗Letter of Credit‘, the same must indicate the Tender Document No. Such an amendment and the name of Tender Document for which the Bidder is quoting. This is essential to have proper correlation at a later date. 16.9 MSEs (Micro & Small Enterprises) are exempted from submission of EMD in accordance with the form provisions of an addendum PPP-2012 and Clause 40 of ITB. The Government Departments/PSUs are also exempted from the payment of EMD. However, Traders/Dealers/ Distributors /Stockiest /Wholesaler are not entitled for exemption of EMD. 17.1 The Bidder(s) or his designated representative are invited to attend a "Pre-Bid Meeting" which will be held at address specified in IFB. It is expected that a bidder shall not depute more than 02 representatives for the meeting. 17.2 Purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage and give hands-on e-tendering. 17.3 Text of the questions raised and the responses given, together with any responses prepared after the meeting, will be uploaded on the GGPL e-tendering portal within website against the date given Tender. Any modification of the Contents of Bidding Documents listed in NIT which "ITB: Clause-7.1", that may become necessary as a result of the Pre-Bid Meeting shall be available for all made by the prospective Tenderers who have purchased Employer exclusively through the tender document in issue of an Addendum / Corrigendum pursuant to "ITB: Clause-9", and not through the tender periodminutes of the Pre-Bid Meeting. ii. Sub17.4 Non-contracting shall be generally limited to 50% attendance of the Contract price. The terms and conditions Pre-Bid Meeting will not be a cause for disqualification of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from EmployerBidder.

Xxxxxxx Money Deposit. 2.3.1 Not later than four (4) Business Days following the Effective Date, Buyer shall deposit with Escrow Agent the Xxxxxxx Money Deposit hereunder, to be held and disbursed in accordance with the terms of this Agreement. After clearance of funds, Escrow Agent shall only hold the Xxxxxxx Money Deposit in an interest bearing money market account (which holds only U.S. treasuries) at a federally insured financial institution reasonably acceptable to Buyer and Escrow Agent, and interest earned thereon shall be reported under the United States Taxpayer Identification Number 00-0000000 of Buyer. All interest earned on the bidders Xxxxxxx Money Deposit, or any portion thereof, shall submit be deemed to constitute a portion of the EMD Xxxxxxx Money Deposit and shall be disbursed in e-Payment gate way systemaccordance with the terms of this Agreement. The Xxxxxxx Money Deposit shall be credited to the cash due from Buyer at each Closing. Buyer shall have the right, DD at its option during the term of this Agreement, to substitute one or Banker’s Cheque along with Bid documents. 2.3.2 more letters of credit for all or any portion of the Xxxxxxx Money Deposit. The 2% EMD letter(s) of unsuccessful tenderers will credit shall be returned no sooner drawn on Xxxxx Fargo Bank, or any other financial institution reasonably acceptable to Seller and shall name Escrow Agent as beneficiary. The letter(s) of credit shall not impose any conditions to the tenders are finalized or end drawing thereof other than a certificate from the Escrow Agent that Escrow Agent is entitled to draw upon the letter of credit pursuant to the terms of this Agreement. If any letter(s) of credit do not have an expiration date of at least thirty (30) days after either Closing Date, then Buyer shall renew or extend such letter(s) of credit at least fifteen (15) days prior to the Tender validity period whichever is earlier. 2.3.3 expiration thereof. If Buyer fails to deliver proper renewals or extension documentation prior to the deadline for same, then Escrow Agent shall draw upon the letter(s) of credit which have not been timely renewed or extended and hold the proceeds thereof as the Xxxxxxx Money Deposit under this Agreement. In such event, Buyer may, at its option, again replace any portion of the xxxx Xxxxxxx Money Deposit with a letter of credit satisfying the requirements of this Agreement. The xxxxxxx money deposited by the successful tenderer will not carry any interest letter(s) of credit shall be held and it will be dealt with as provided disbursed in the conditions stipulated in same fashion as the TenderXxxxxxx Money Deposit under this Agreement. The EMD Except when the proceeds of a nationalized bank or e-payment any letter of credit shall be valid for three months and extendable in case any valid extension promptly deposited into the registry of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned abovethe court pursuant to the terms of this Agreement, then tender(sthe letter(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package credit shall not be opened and if opened thendrawn upon by Escrow Agent until the Escrow Agent is otherwise authorized to deliver the Xxxxxxx Money Deposit to Seller pursuant to this Agreement (i.e., it will the letter(s) of credit may not be evaluated. No post bid clarification drawn upon until after the expiration of any applicable notice provisions set forth in Section 12 of this Agreement); provided, however, that notwithstanding any notice requirements in this Agreement, Escrow Agent shall be sought on EMD. 2.3.5 The EMD entitled to draw upon any expiring letter(s) of credit which are not timely renewed or extended pursuant to the successful Tenderer terms of this Subsection, in which event Escrow Agent will hold and disburse the proceeds thereof in the manner set forth in this Agreement. At each Closing, the letter(s) of credit shall be returned after receipt of performance security or being adjusted to Performance SecurityBuyer and not credited against the Purchase Price otherwise due from Buyer at such Closing. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document in the tender period. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employer.

Xxxxxxx Money Deposit. 2.3.1 All 16.1 Bid must be accompanied with xxxxxxx money (i.e Xxxxxxx Money Deposit (EMD) also known as Bid Security) in the bidders shall submit the EMD in e-Payment gate way system, DD or form of ‘Demand Draft’ / ‘Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD Cheque’[in favour of unsuccessful tenderers will be returned no sooner Godavari Gas Private Limited payable at place mentioned in BDS] or ‘Bank Guarantee’ or ‘Letter of Credit’ strictly as per the tenders are finalized or end date format given in form F 4/ F- 4A (as the case may be) of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited by the successful tenderer will not carry any interest and it will be dealt with as provided Document. Bidder shall ensure that EMD submitted in the conditions stipulated form of ‘Bank Guarantee’ or ‘Letter of Credit’ should have a validity of at least ‘two [02] months’ beyond the validity of the Bid. EMD submitted in the Tender. The EMD form of a nationalized bank ‘Demand Draft’ or e-payment shall ‘Banker’s Cheque’ should be valid for three months and extendable months. Bid not accompanied with EMD, or EMD not in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) requisite format shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluatedliable for rejection. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeitedsubmitted in Indian Rupees only. 16.2 The EMD is required to protect GGPL against the risk of Bidder’s conduct, which would warrant the forfeiture of EMD, pursuant to clause-16.7 of ITB. 16.3 GGPL shall not be liable to pay any documentation charges, Bank charges, commission, interest etc. on the amount of EMD. In case EMD is in the form of a ‘Bank Guarantee’, the same shall be from any Indian scheduled Bank or a branch of an International Bank situated in India and registered with ‘Reserve Bank of India’ as Scheduled Foreign Bank. However, in case of ‘Bank Guarantee’ from Banks other than the Nationalized Indian Banks, the Bank must be commercial Bank having net worth in excess of Rs. 100 Crores [Rupees One Hundred Crores] and a declaration to this effect should be made by such commercial Bank either in the ‘Bank Guarantee’ itself or separately on its letterhead. 16.4 Any Bid not secured in accordance with “ITB: Clause-16.1 & Clause-16.3” may be rejected by GGPL as non-responsive. 16.5 Unsuccessful Bidder’s EMD will be discharged/ returned as promptly as possible, but not later than ‘thirty [30] days’ after finalization of tendering process. 16.6 The successful Bidder’s EMD will be discharged upon the Bidder’s acknowledging the ‘Award’ and signing the ‘Agreement’ (if applicable) and furnishing the ‘Contract Performance Security (CPS)/ Security Deposit’ pursuant to clause no. 38 of ITB. 16.7 Notwithstanding anything contained herein, the EMD may also be forfeited in any of the following cases: (a) If the Tenderers a Bidder withdraws his Tender Bid during the ‘Period of Bid Validity’ (b) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice (c) If the Bidder modifies Bid during the period of bid validity (after Due Date and Time for Bid Submission). (d) Violates any other condition, mentioned elsewhere in the Tender validityDocument, which may lead to forfeiture of EMD. (e) In the case of a successful Bidder, if the Bidder fails to: (i) to acknowledge receipt of the “Notification of Award” / Fax of Acceptance[FOA]”, b(ii) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required “Contract Performance Security within / Security Deposit”, in accordance with “ITB: Clause-38” (iii) to accept ‘arithmetical corrections’ as per provision of the time specified by the Employerclause 30 of ITB. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents 16.8 In case EMD is in the form of an addendum‘Bank Guarantee’ or ‘Letter of Credit’, the same must indicate the Tender Document No. Such an amendment and the name of Tender Document for which the Bidder is quoting. This is essential to have proper correlation at a later date. 16.9 MSEs (Micro & Small Enterprises) are exempted from submission of EMD in accordance with the form provisions of an addendum PPP-2012 and Clause 40 of ITB. The Government Departments/PSUs are also exempted from the payment of EMD. However, Traders/Dealers/ Distributors /Stockiest /Wholesaler are not entitled for exemption of EMD. 17.1 The Bidder(s) or his designated representative are invited to attend a "Pre-Bid Meeting" which will be held at address specified in IFB. It is expected that a bidder shall not depute more than 02 representatives for the meeting. 17.2 Purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage and give hands-on e-tendering. 17.3 Text of the questions raised and the responses given, together with any responses prepared after the meeting, will be uploaded on the GGPL e-tendering portal within website against the date given Tender. Any modification of the Contents of Bidding Documents listed in NIT which "ITB: Clause-7.1", that may become necessary as a result of the Pre-Bid Meeting shall be available for all made by the prospective Tenderers who have purchased Employer exclusively through the tender document in issue of an Addendum / Corrigendum pursuant to "ITB: Clause-9", and not through the tender periodminutes of the Pre-Bid Meeting. ii. Sub17.4 Non-contracting shall be generally limited to 50% attendance of the Contract price. The terms and conditions Pre-Bid Meeting will not be a cause for disqualification of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from EmployerBidder.

Xxxxxxx Money Deposit. 2.3.1 All the bidders shall submit the EMD in e-Payment gate way system, DD or Banker’s Cheque along with Bid documents. 2.3.2 2.1 The 2% EMD of unsuccessful tenderers will bid must be returned no sooner the tenders are finalized or end date of the Tender validity period whichever is earlier. 2.3.3 The accompanied by xxxxxxx money deposited by (interest free) for the successful tenderer will not carry any interest and it will be dealt with as provided amount indicated in the conditions stipulated in the ‘Letter Inviting Tender. The EMD of a nationalized bank or e-payment shall be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment a Demand Draft drawn on any Nationalized/Scheduled Bank in favour of M/s. XXXX (India) Limited payable at STATE BANK OF INDIA, PATA (BRANCH CODE 1937), AURAIYA (U.P.) or in the form of Bank guarantee issued by Nationalized Bank for an addendum equal amount valid for six (06) months from the due date of submission of bid as per the format enclosed in bidding document. Bid not accompanied by xxxxxxx money will not be uploaded on considered unless the e-tendering portal within the date given in NIT which same is exempted as per ‘Letter Inviting Tender’. Bank guarantee shall be available revalidated for all the prospective Tenderers who have purchased the tender document extended period as required by GAIL in the tender periodwriting. ii. Sub-contracting shall be generally limited to 50% of 2.2 If the Contract price. The bidder, after submission, revokes his bid or modifies the terms and conditions thereof during the validity of sub-contracts his bid except where the GAIL has given opportunity to do so, the xxxxxxx money submitted by Xxxxxx will, in such case, not be refunded to him. 2.3 GAIL may at any time cancel or withdraw the invitation to bid without assigning any reason and the payments that have xxxxxxx money submitted by Bidder will in such case be refunded to him. 2.4 The successful Bidder shall be made required to deposit within 10 days of acceptance of his bid, security deposit / Initial Security Deposit with the GAIL in the manner indicated in General Conditions of Contract / Special Conditions of Contract. Should the successful Bidder fail or refuse to sign the agreement or furnish the security deposit / initial security deposit within the period fixed by the GAIL as indicated above, the xxxxxxx money shall be forfeited without prejudice to his being liable to any further loss or damage incurred in consequence by the GAIL. 2.5 Xxxxxxx money shall be returned to the sub-contractors shall be successful Bidder after the sole responsibility of security deposit / initial security deposit has been furnished by him to the contractor. All the sub-contractors are to be approved from EmployerGAIL.

Xxxxxxx Money Deposit. 2.3.1 All Seller and Buyer agree to cause an escrow (the bidders "Escrow") to be opened with the Escrow Holder. Within three (3) business days after the Effective Date, Buyer shall submit deposit with Escrow Holder One Million Dollars ($1,000,000) by wire transfer of immediately available funds (the EMD "Deposit"). The Deposit, together with any interest earned thereon, shall be the "Xxxxxxx Money Deposit." If the Deposit is not timely made by the applicable date for such Deposit, then this Agreement shall automatically terminate and be of no further force or effect whatsoever. Any funds delivered to Escrow Holder, including without limitation the Deposit, shall be deposited by Escrow Holder in e-Payment gate way systema money market fund or account, DD which pays interest or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will dividends, in Escrow Holder's name separate from Escrow Holder's personal or other business accounts. Interest accruing on the Xxxxxxx Money Deposit, if any, shall be returned no sooner held for the tenders are finalized or end date benefit of the Tender validity period whichever is earlier. 2.3.3 The xxxxxxx money deposited party entitled to receive the Xxxxxxx Money Deposit, which party shall pay any income taxes thereon. If so directed by Buyer, the successful tenderer will not carry any interest and it will be dealt with as provided in Deposit shall apply towards the conditions stipulated in payment of the TenderPurchase Price. The EMD taxpayer identification numbers of a nationalized bank or e-payment Seller and Buyer are set forth on the signature page of this Agreement. The Escrow shall be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened thenmaintained for the purpose of holding and disbursing monetary deposits and documents evidencing monetary amounts as directed by Buyer and Seller, it will not be evaluatedand Escrow Holder is hereby directed to disburse funds held by Escrow Holder in accordance with the terms and provisions of this Agreement, or as otherwise directed in a writing signed by both Buyer and Seller. No post bid clarification These instructions shall be sought on EMD. 2.3.5 irrevocable and shall supersede any conflicting provision in Escrow Holder's general conditions or in any escrow instructions executed upon Escrow Holder's request. The EMD Xxxxxxx Money Deposit shall be subject to the provisions of ARTICLE 8 hereof. If this Agreement is terminated by Buyer prior to the End of the successful Tenderer Inspection Period, Escrow Holder shall be returned after receipt return the Xxxxxxx Money Deposit, less Buyer's share of performance security or being adjusted Escrow termination costs, to Performance SecurityBuyer in accordance with Buyer's unilateral instructions. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document in the tender period. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employer.

Xxxxxxx Money Deposit. 2.3.1 All The tenderer shall deposit and keep deposited (for the bidders period specified hereafter) with NRDA a sum as shown in this tender notice as the Xxxxxxx Money Deposit. The Xxxxxxx Money Deposit shall be so deposited in one of the following form: 3.1 The failure or omission to so deposit or keep deposited the Xxxxxxx Money Deposit shall disqualify the tenderer and NRDA shall exclude from its consideration such disqualified tender. 3.2 No interest shall be payable by NRDA in respect of such deposited Xxxxxxx Money Deposit. 3.3 The Xxxxxxx Money Deposit of an unsuccessful tenderer shall be refunded after the final decision on the tenders or on expiry of the validity period whichever is earlier on producing receipt thereof. 3.4 Invitation by NRDA to submit the EMD in e-Payment gate way systemtender shall be a proposal and the submission of a tender by the tenderer shall be an acceptance of such proposal t o win the contract. The tenderer shall not revoke his tender or vary its terms and conditions without the consent of NRDA during the period of 150 (one hundred fifty) days counted from the last day appointed by NRDA for submission of tenders. If the tenderer shall revoke the tender or vary its terms and conditions contrary to his promises to abide by this condition, DD the Xxxxxxx Money Deposited by him shall stand forfeited to NRDA without prejudice to its other rights and remedies and without prejudice to the foregoing clause, the tenderer shall be disentitled to submit a tender to NRDA for execution of any of the prescribed works during the next 24 (twenty four) months effective from the date of such recourse or Banker’s Cheque along with Bid documentsvariations of the terms and conditions of the tender. 2.3.2 3.5 If the tenderer has deposited the Xxxxxxx Money Deposit by a Bank Guarantee and he has been communicated the acceptance of his tender by NRDA and he fails or omits to furnish the initial Security Deposit within 15 (fifteen) days in accordance with Condition no. 9 of the general conditions of contract, NRDA shall be entitled to encash the Bank Guarantee. 3.6 In case of the successful tenderer, on payment of the required amount of the initial Security Deposit, the Xxxxxxx Money Deposited in the form of Demand Draft/Bank Guarantee shall be refundable to the tenderer in the event of NRDA deciding the award of the contract. 3.7 The 2% EMD E.M.D. of unsuccessful tenderers will the successful tenderer shall be returned no sooner forfeited/ cashed if: 3.7.1 After submitting the tenders are finalized tender, the Contractor withdraws/ revokes his offer or end modifies/ changes the same during the validity of the tender, or if after the acceptance of his tender, the Contractor fails or neglects to furnish the balance Initial Security Deposit within 15 (fifteen) days. 3.7.2 Fails to execute Contract Agreement within 30 (thirty) days from the date of issue of Acceptance Letter. 3.7.3 Fails to commence the Tender validity period work within 30 (thirty) days from the date of work order or handing over the site whichever is earlier. 2.3.3 3.8 The xxxxxxx money deposited by the successful tenderer will not carry any interest and it will Tenderer may also be dealt with as provided dis-qualified for tendering for further works in the conditions stipulated NRDA in the Tender. The EMD of a nationalized bank or e-payment shall be valid for three months and extendable in case any valid extension of contract period is grantedsuch an event. 2.3.4 If an acceptable EMD is not submitted 3.9 Visit to site by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD shall be forfeited: a) If the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document in the tender period. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employer.Xxxxxxxx

Xxxxxxx Money Deposit. 2.3.1 All the bidders shall submit the EMD in e-Payment gate way system, DD or Banker’s Cheque along with Bid documents. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner the tenders are finalized or end date Within three (3) days of the Tender validity period whichever is earlier. 2.3.3 execution of this Agreement by both Purchaser and Seller and its delivery to Escrow, Purchaser shall deposit with Escrow the amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00) in cash ("Xxxxxxx Money Deposit"). The xxxxxxx money deposited Xxxxxxx Money Deposit shall be invested by the successful tenderer will not carry Escrow as Purchaser directs in United States Treasury Bills or a federally insured money market account. Seller and Purchaser shall share equally the cost of the Escrow, but Purchaser shall bear the cost of any investment fee charged by the Escrow. If this Agreement is terminated:(a) by Purchaser pursuant to Article 9 hereof, then, provided Purchaser has complied with Article 9 hereof, the Xxxxxxx Money Deposit and any interest and it will be dealt with as provided in the conditions stipulated in the Tender. The EMD of a nationalized bank or e-payment shall be valid for three months and extendable in case any valid extension of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened and if opened then, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of the successful Tenderer earned thereon shall be returned after receipt of performance security or being adjusted to Performance Security. 2.3.6 The EMD Purchaser; (b) pursuant to Section 9.3 hereof, then the Xxxxxxx Money Deposit and any interest earned thereon shall be forfeited: areturned to Purchaser; (c) If pursuant to Section 10.4 hereof, provided Purchaser has complied with Article 9 hereof, the Tenderers withdraws his Tender during Xxxxxxx Money Deposit and any interest earned thereon shall be returned to Purchaser, (d) pursuant to Section 11.3, the period Xxxxxxx Money Deposit and any interest earned thereon shall be returned to Purchaser, (e) pursuant to Section 12.10 hereof the Xxxxxxx Money Deposit and any interest earned thereon shall be returned to Purchaser, or (f) pursuant to or Section 16.2, the Xxxxxxx Money Deposit and any interest earned thereon shall be returned to Purchaser. Notwithstanding anything else contained herein, upon expiration of Tender validity, b) If the Tenderers Review Period or a Purchaser default, the Xxxxxxx Money Deposit and any interest earned thereon shall be non-refundable to Purchaser. The Xxxxxxx Money Deposit and any interest earned thereon shall be paid to Seller at the Closing, as hereinafter defined. In the event of a closing of the transaction contemplated herein, the Xxxxxxx Money Deposit and any interest earned thereon shall be applied to the Purchase Price. In the event of Purchaser's default under this agreement such that the transaction does not accept close, the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified Xxxxxxx Money Deposit and any interest thereon shall be paid by the EmployerEscrow to Seller. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document in the tender period. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of sub-contracts and the payments that have to be made to the sub-contractors shall be the sole responsibility of the contractor. All the sub-contractors are to be approved from Employer.

Xxxxxxx Money Deposit. 2.3.1 All (a) Within two (2) Business Days following the bidders full execution and delivery of this Contract, Buyer shall submit deposit the EMD sum of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) in e-Payment gate way systemcash, DD certified bank check or Banker’s Cheque along by wire transfer of immediately available funds (the “Initial Xxxxxxx Money Deposit”) with Bid documentsthe Title Company (“Escrow Agent”). If, pursuant to the provisions of Section 3.1 of this Contract, Buyer elects to terminate this Contract at any time prior to the expiration of the Review Period, then the Escrow Agent shall return the Initial Xxxxxxx Money Deposit to Buyer promptly upon written notice to that effect from Buyer. 2.3.2 The 2% EMD of unsuccessful tenderers will be returned no sooner (b) If Buyer has not elected to terminate this Contract on or before the tenders are finalized or end date expiration of the Tender validity period whichever is earlier. 2.3.3 The Review Period, Buyer, within two (2) Business Days after the expiration of the Review Period, shall deposit with the Escrow Agent the additional sum of Two Hundred Thousand Fifty and No/100 Dollars ($250,000.00) in cash, certified bank check or by wire transfer of immediately available funds (the “Additional Xxxxxxx Money Deposit”), which sum shall be held by Escrow Agent, together with the Initial Xxxxxxx Money Deposit, as xxxxxxx money deposited by (such Additional Xxxxxxx Money Deposit and the successful tenderer will not carry any Initial Xxxxxxx Money Deposit, together with all interest and it will be dealt with earned thereon, are collectively referred to as provided in the conditions stipulated in “Xxxxxxx Money Deposit”). If Buyer fails to tender the Tender. The EMD Additional Xxxxxxx Money Deposit to the Escrow Agent upon the expiration of a nationalized bank or e-payment shall be valid for three months and extendable in case any valid extension two (2) Business Days after the end of contract period is granted. 2.3.4 If an acceptable EMD is not submitted by a tenderer as mentioned above, then tender(s) of such tenderer(s) shall be rejected considering it a non-responsive and their Technical package shall not be opened the Review Period and if opened thenBuyer has not otherwise terminated this Contract pursuant to the provisions of Section 3.1 below, it will not be evaluated. No post bid clarification shall be sought on EMD. 2.3.5 The EMD of Seller, at Seller’s option, may terminate this Contract if Seller so notifies Buyer and Buyer fails to provide the successful Tenderer shall be returned Additional Xxxxxxx Money Deposit within five (5) Business Days after receipt of performance security such notice, and in such event this Contract shall terminate and the Initial Xxxxxxx Money Deposit promptly shall be paid by the Escrow Agent to Buyer, and except as otherwise provided herein, neither party shall have any further rights, duties or being adjusted to Performance Securityobligations. 2.3.6 (c) The EMD Xxxxxxx Money Deposit shall be forfeited: a) If held by Escrow Agent subject to the Tenderers withdraws his Tender during the period of Tender validity, b) If the Tenderers does not accept the correction of his Tender price, c) If the successful Tenderers refuses or neglects to execute the contract or fails to furnish the required Performance Security within the time specified by the Employer. 2.3.7 EMD’s submitted after due date and time shall not be accepted and online tenders of such Tenderers shall liable to be rejected summarily. We will not be responsible for delay, loss or non-receipt of ‘EMD’ sent by post/ courier. i. During the tender period, the Employer may issue further instructions to Tenderers or any modifications to existing tender documents in the form of an addendum. Such an amendment in the form of an addendum will be uploaded on the e-tendering portal within the date given in NIT which shall be available for all the prospective Tenderers who have purchased the tender document in the tender period. ii. Sub-contracting shall be generally limited to 50% of the Contract price. The terms and conditions of suban Escrow Agreement dated as of the date of this Contract entered into by Seller, Buyer and Escrow Agent (the “Escrow Agreement”). The Xxxxxxx Money Deposit shall be held in an interest-contracts bearing account in a federally insured bank or savings institution reasonably acceptable to Seller and Buyer, with all interest to accrue to the payments that have benefit of the party entitled to receive it and to be made to the subreportable by such party for income tax purposes. Buyer’s Federal Tax Identification Number is 00-contractors shall be the sole responsibility of the contractor0000000. All the subSeller’s Federal Tax Identification Number is 00-contractors are to be approved from Employer0000000.