Construction, Management, Coordination, Supervision & Delivery of Ireo's Mixed Use Project- Hotel & Commercial Buildings (Office & Retail) measuring or testing any Work, Other Specially Works and Separate Works and the quality, weight or quantity of any material used. Before incorporation of any materials into the Works, Other Specialty Works and Separate Works, it shall supply for examining, measuring or testing such samples of materials ‘as may be selected or required by the Engineer-in-Charge or the Engineer-in- Charge's Representative 463 | The Principal Contractor shall bear the expense and oosls of any ‘examination, measurement or test and of complying with the requirements of Clause 46.2, including without limitation any transportation costs and shall reimburse the Owner in respect of the costs of the Engineer-in-Charge in attending such examination, measurement or test, if such examinations, ‘measurements or tests and all repetitions thereof are clearly intended or provided for in the Contract. 46.4 ‘If any examination, measurement or test not so intended or provided for in the Contact is ordered by the Engineersn-Charge or the Engineer in-Charg Representative, then’ such expense and costs of such examination, measurement or test including those ofthe Engineer n-Charge’s attendance ‘shall be borne by the Principal Contractor if the examination, measurement or test shows the materials or workmanship not to be in accordance with the Contract or with the Engineer-in-Charge’s instructions, but otherwise such expense and costs shall be boine by the Owner and shall be valued in accordance with Clause 65: “465 | in the event that any test shows thal the Principal Contractor has failed 10 comply with its obligations under the Contract or with the Engineer-in- Charge's instructions in respect of materials or workmanship, the Principal Contractor shall propose and carry out at it's own expense further or any other tests as the Engineer-in-Charge may approve. “466 | Clauses 46.4 and 465 shall apply to any series of tests carried out on any part of the Works, the results of which indicate that in the opinion of the Engineer-in-Charge the Principal Contractor has failed to comply with the ‘requirements of the Contract or with the Engineer-in-Charge’s instructions in respect of materials or workmanship notwithstanding there being satisfactory individual tests included in any such series of tests. 46.7 | Notwithstanding the above, testing carried out in the Owner’ laboratories in connection with the Works, Other Specialty Works and Separate Works shall be free of charge. Colour 468 1. The Principal Contractor and/or Approved Sub Contractors, shall not Selection select a color for materials, products or equipment for which colors are available without first consulting with the Owner and Engineer-in- Charge. 2. When the phrase ‘color selected by Owner or Engineer-in-Charge” Js used in the Drawings and/or the Technical Specifications, it shall mean that color, texture or pattern wil be selected by the Owner or Engineer-in-Charge from the manufacturers full range of standard and special colors. The phrase "custom color selected by Owner er-in-Charge" ,"match existing color’ or "match Owner's or +-Charge’s approved sample” shall mean that color, texture or pattern has been selected or that it will be selected by the Owner or Engineer-in-Charge and that Principal Contractor shall provide | color, texture or pattern conforming to that selection.Construction, Managemen 1ation, Supervision & Delivery of Ireo's Mi Hotel & Commercial Buildings (Office & Reta ed Use Project- Recess tothe Site and places of manufacture tothe OwneriEngineer- in-charge a aT The Engineer-in-Charge and any person authorized by him al any time, may visit and inspect the Works, Other Specialty Works and Separate Works and the Site and all workshops. and places where materials or manufactured articles are being stored or prepared or from where materials or manufactured articles are being supplied by the Principal Contractor, Approved Sub Contractor, Other Specialty Contractors and Separate Contractors, and the Principal Contractor shall render every assistance to the Engineer-in-Charge ‘and any person so authorized by him for the same. Site Office, Laydown Area & Workshop a2 7. Principal Contractor shall at is own cost Construct Principal Contractors Site office, laydown areas, workshops and assembly yard required for the execution of the Work. Principal Contractor shall further arrange and ‘manage within the space as available at Site the location of Other Specialty Contractors and Separate Contractors site offices, laydown areas and workshops required by Other Specialty Contractors and Separate Contractors for the execution of Other Specially Works and Separate Works respectively 2. Principal Contractor shall also provide and maintain site offices on the Site for the use of the Owner! Engineer-in-Charge and his representatives, Other Specialty Consultants and visiting Consultant's Such site offices shall be equipped with, among other items at least one telephone, internet, one photo copy machine, one automatic facsimile transmission machine and electronic mail capabilty. Site offices shall be ‘according to the Drawings as approved by Engineer-in-Charge and shall be of location, design, colour and materials acceptable to Owner and Engineer-in-Charge. Principal Contractor shall bear all electncty, water and other utility costs for such offices. Al telecommunication costs at site offices incurred by Consultants, Engineer-n-Charge and his representatives and the Owner shall be paid by the Owner. Examination of | 48 ‘work before covering up & Technical Examination wat ‘No Work shall be covered up or put out of view without the approval_of the Engineer-in-Charge or the Engineer-in-Charge's Representative and the Principal Contractor shall afford full opportunity for the Engineer-in-Charge or the Engineer-in-Charge's Representative to examine and measure any work which is about to be covered up or put out of view and to examine any foundation before permanent work is placed thereon, 482 The Principal Contractor shall give reasonable notice to the Engineer-in- Charge’s Representative whenever any such work or foundation is ready for examination and the Engineer-in-Charge or the Engineer-in-Charge's. Representative shall, without unreasonable delay and unless it considers it unnecessary and advises the Principal Contractor accordingly, attend for the purpose of examining and measuring such work or of examining any such foundationruction, Management, Coordinati ion & Delivery of Ireo's Mixed Use Project- Hotel & Commercial Buildings (Office & Retail) 483 1. The Owner reserves the right to have the Work execuled/ under execution and Other Specialty Works and Separate Works inspected at any time by any person(s) approved by it, who shall be in writing be empowered and entitled to check the technical records, interim certificates, designs. prepared by the Principal Contractor, Other Specialty Contractors and Separate Contractors, variations, the quality and quantity of the Work, Other Specialty Works and Separate Works and the materials used during its execution until the Final Completion of the Project. Such inspections and observations shall not absolve the Principal Contractor of its responsiblity of supervision to check quality of materials and workmanship, soundness, safety and other applicable parameters. The Principal Contractor shall render all faciliies to the persons deputed by the Owner to carry out such examinations / inspections. 2. Principal Contractor shall provide all temporary graphics necessary for the performance of the Work and for management, coordination and supervision of Other Specialty Works and Separate Works and as required by governmental authorities, 3. Prior to receiving a foundation inspection for the structures, Principal Contractor at its own cost shall submit a pad elevation certification prepared by a licensed land surveyor or registered civil engineer to the Engineer-in-Charge, certifying the pad and building location (setbacks) are pursuant to the approved plans, 4. Principal Contractor shall provide and operate environmental control such as an oillwater separator, sand filter. or approved equal to Intercept and pre-treat storm water_and underground water prior to reaching the storm drain. Principal Contractor shall cooperate with all ‘government authorities in this regard, if required. ‘5. For the purpose of meeting all government guide lines and requirements, for getting various approvals and monitoring, Principal Contractor will facilitate the inspection by such appropriate government authorities initiated and coordinated by the Owner during execution and after completion of the Works. Uncovering and | 49 making openings aot ‘The Principal Contractor shall_uncover any part of the Works, and shall ‘cause Other Specialty Contractors and Separate Contractors to uncover any part of Other Specially Works and Separate Works, or make such openings in or through the same as the Engineer-in-Charge may from time to time direct and shall reinstate and make good any such part in accordance with the Contract. 492 any such part has been covered up or put out of view after compliance with the requirements of Clause 48 and is found to be executed in accordance with the Contract, the expense of uncovering, making openings in or through, reinstating and making good the same shall be valued in accordance with Clause 65 but in any other case the expense shall be borne by the Principal Contractor. Removal of unsatisfactory material and. work 80 co The Engineer-in-Charge shall during the progress of the Works, Other ‘Specialty Works and Separate Works have the power to order in writing (a) the removal from the Site within such time as may be specified in the ‘order of any material which in the opinion of Engineer-in-Charge is not in accordance with the Contract, Other Specially Contracts and/or Separate Contracts, (b) the substitution of proper and suitable material, andConstruction, Mam -ment, Coordination, Supervision & Delivery of Ireo's Mixed Use Proj Hotel & Commercial Buildings (Office & Retail) (c) the removal and proper re-execution, notwithstanding any previous examination, measurement or test thereof or any interim payment thereof, of any work which, in respect of materials or workmanship, is ‘hot in accordance with the Contract, Other Specialty Contracts and/or ‘Separate Contracts as applicable. ‘502 | The Principal Contractor shall bear the expense of uncovering, breaking up {and removal from the Site of any material or work not in accordance with the. Contract and the Principal Contractor shall also bear the expense of reinstating and making good all consequential damage to the Works, Other Specialty Works and/or Separate Works resulting from such uncovering, breaking up or removal 503 | Where the rectification of any work or replacement of any material by the Principal Contractor which does not comply with the Contract would involve the removal and re-execution of the original permanent work, the Engineer-in- Charge may, but shall not be obliged to, give directions for a variation of the Works in lieu of such removal and re-execution at no additional expense to the Owner, 504 [in the event that the Engineer-in-Charge exercises any of his powers and which concerns materials supplied by the Owner, and if in the opinion of the Engineer-in-Charge the Principal Contractor could not have reasonably ‘ascertained that the material was not in accordance with the Contract, then the Engineer-in-Charge shall ascertain the cost incurred, and shall certify in ‘accordance with Clause 77. COMMENCEMENT, COMPLETION AND DELAYS. Commencement | 51 1. The Principal Contractor shall commence the Works and shall cause of the Works Other Specialty Contractors and Separate Contractors to commence Other Specialty Works and Separate Works on the date for commencement of the Works, Other Specialty Works and Separate Works, as applicable, as notified in writing by the Engineer-in-Charge and shall proceed with the same with due diligence. The date so notified by the Engineer-in-Charge for commencement of the Works shall be within the period of time after the date of the LOI. The Works, Other Specialty Works and Separate Works shall not be commenced before their notified date for commencement, 2, The Principal Contractor shall confine operations at the Site based on the Site Logistics Plan (to be submitted by Principal Contractor as a part of Tender submission approved by the Engineer-in-Charge and it shall ensure that such Site logistics Plan and operations at Site meets all applicable laws and the requirements of the Contract Documents, 3. Attached in Annexure 5, is an indicative list of required method statements 10 be submitted by the Principal Contractor at the time of ‘submission of the Tender. The Principal Contractor acknowiedges that despite the list which is only indicative, it shall submit additional method statements for each and every item of Priced Bill of Quantities before ‘executing any portion of Work. 4. The Principal Contractor shall_ provide proper anid safe access to and egress from any occupied areas at all times in accordance with the Site Logistics Plan and applicable law. The delivery, unloading, staging and storage of material and equipment shall be only in areas approved by Owner and coordinated with Engineer.in-Charge. Such limited areasConstruction, Management, Coordination, Supervision & Delivery of Ireo's Mixed Use Project- 2 Hotel & Commercial Buildings (Office & Retai will accommodate material and equipment in prionly requirement of the Work, Other Specialty Works. and Separate Works in accordance with the Project completion schedule! timeline. 5. The Principal Contractor shall be responsible for coordinating the arrival ‘of material and equipment in order to prevent any accumulation outside designated areas. The movement, delivery, unloading, staging and i storage of materials, equipments and personnel shall be restricted to those areas and routes within the Site as designated in the Contract Documents and on the Site Logistics Plan approved by the Engineer-in- Charge. Any damage to plant and equipments or any other materials, arriving at Site shall be repaired by Principal Contractor to the Satisfaction of, and at no cost to Owner. A 6. _Usage of Permanent elevators! lifts of the Project including service lift shall not be permitted. In special circumstances subject to availabilty. Owner at its sole discretion may allow usage of only the service lifts. In the event if Owner allows to use the service lifts, Principal Contractor i shall be responsible for its maintenance, running cost and upkeep to ensure no damage to such lifts. Under no circumstances Principal Contractor shall be allowed to use the service lifts for shifting its machines, equipments and any materials. ‘Access of Site|52 [521 | Save in so far as the Contract, Other Specially Contracts and Separate to the Principal Contracts may prescribe the extent of portions of the Site of which the Contractor Principal Contractor is to be given access from time to time and the order in which: such portions shall be made avallable to him, and subject to any Fequirement in the Contract, Other Specialty Contracts and Separate Contracts as to the order in which the Works, Other Specialty Works and Separate Works shall be executed, the Owner shall give to the Principal Gontractor on the date for commencement notified by the Engineer-in-Charge in accordance with Clause 51 access to so much of the Site as may be required to enable the Principal Contractor to commence and proceed wit the construction of the Works in accordance with the program referred 10 Clause 19 and otherwise in accordance with such reasonable proposals ‘writing as the Principal Contractor shall make to the Engineer-in-Charge. The Owner will from time to time, as the Works, Other Specialty Works and Separate Works proceed, give to the Principal Contractor access to such further parts of the Site as may be required to enable the Principal Contractor to proceed with construction of the Works with due dispatch in accordance with the said program or proposals, as the case may be. Possession of the Site shall always be that of the Owner and the Principal Contractor, Approved Sub Contractors, Other Specialty Contractors and. ‘Separate Contractors, along-with their employees, workmen and sub Contractors at the Site shall be permitted to use the Site for execution of Works, Other Specially Works and Separate Works, which arrangement can be withdrawn by the Owner at any point of time as the Owner may deem fit and the Principal Contractor, Approved Sub Contractors, Other Specialty Contractors and Separate Contractors, along-with their employees! workmen! - sub contractors shall be bound to leave the Site forthwith without demur along-with their equipment, tools and other belongings. The Principal Contractor shall not allow any outside person not directly connected with the Work, Other Specialty Works and Separate Works at the Site at any time without prior written permission of the Engineer-in-Charge. 522 | if upon written application having been made by the Principal Contractor to the Engineer-in-Charge, the Engineer-in-Charge is of the opinion that the Principal Contractor has been involved in additional expenditure by reason of the progress of the Works of any part thereof having been materially affectedConstruction, Management, Coordinat Supervision & Delivery of Ireo's Mixed Use Project- tel & Commercial Buildings (Office & Retail) by the failure of the Owner to give access in accordance with this Clause then the Engineer-in-Charge shall ascertain the cost incurred, and shall certify in accordance with Clause 77. 523 ‘The Principal Contractor shail bear all expenses and charges for special or temporary way-leaves required by him in connection with access to the Site Time for ‘completion at Principal Contractor acknowledges and agrees that time is of the essence of the Contract. The Principal Contractor shall commence the Work and shall cause Other Specialty Contractors and Separate Contractors to commence Other Specialty Works and Separate Work, expeditiously. Principal Contractor shall bring the Work to Substantial Completion and to Final Completion, and shall cause Other Specialty Contractors and Separate Contractors to bring, Other Specialty Works and Separate Works 10 ‘substantial completion and to final completion, by the time for completion as ‘mentioned in the (Appendix to the) Form of Tender, however, final completion ime mentioned inthe approved Master Program submitted by the Principal Contractor within 15 days of the award of the Work, shall prevail. For th avoidance of doubt. notwithstanding the award by Owner of portions of the work on the Project to Other Specialty Contractors, Separate Contractors and ‘any other contractors, Principal Contractor shall be responsible and liable for the achievement of Substantial Completion and Final Completion for the entirety of the Work, Other Specialty Works and Separate Works and the Project by the time for completion and shall be liable to Owner as per the Contract B32 General Holidays shail be included in the time for completion unless otherwise stated in the Contract. Extension of time for completion ‘As Soon as practicable and in any event within 21 days afler the cause of any delay to the progress of the Works or any Section thereof or to the progress of Other Specialty Works and Separate Works/ parts thereof has arisen, the Principal Contractor shall give notice in writing to the Engineer-in- Charge of the cause and probable extent of the delay. Provided that as soon as the Principal Contractor can reasonably foresee that any order or instruction issued by the Engineer-in-Charge is likely to cause a delay to the progress of the Works or to any Section thereof, or to Other Specialty Works andlor Separate Works/parts thereof, the Principal Contractor shall forthwith give notice in writing to the Engineer-in-Charge and. ‘specify the probable effect and extent of such delay. Such notice shall not in any event be given later than 21days after the Engineer-in-Charge has issued the relevant order or instruction. Thin the opinion of the Engineer reasons of ()_aninstruction issued by the Engineer-in-Charge under Clause 6, of (i) @ substantial increase in the quantity of any item of work included in the Contract, Other Specialty Contracts and Separate Contracts not resulting from a variation ordered under Clause 64, or (ii) the Principal Contractor not being given access to the Site or any Portion or part thereof in accordance with the Contract and or any Portion or part thereof in accordance with Other Specialty Contracts land Separate Contracts or are subsequently deprived of it by the Owner, oF (iv) a disturbance to the progress of the Works, Other Specialty Works andlor Separate Works for which the Owner or the Engineer-in-Charge is responsible, or (v) the Engineer-in-Charge suspending the Works, Other Specially Works ‘Charge the cause of the delay is for andlor Separate Works in accordance with Clause 58 in so far as theManagement, Coor nation, Supervision & Delivery of Ireo’s Mixed Use Project Hotel & Commercial Buildings (Office & Retail) ‘suspension is not occasioned by the circumstances desoribed in Clause 58.2 (a) to (c), then the Engineer-in-Charge shall within a reasonable time consider whether the Principal Contractor is faitly entited to an extension of time for the completion of the Works/any Section thereof Notwithstanding the powers of the Engineer-in-Charge under the provisions Of this Clause to decide whether the Principal Contractor is fairly entitled to an extension of time, the Principal Contractor shall not be enlitled to an extension of time for the completion of the Works/any Section thereof if the cause of the delay is () a suspension occasioned by the circumstances described in Clause 58.2 (a) to (c), or (i shortage of Preliminaries, or (ii) a shortage of Constructional Plant or labor. TFin accordance with Clause 54.1 and 54.2 the Enginearin-Charge considers that the Principal Contractor is fairly entiled to an extension of time for the completion of the Works or any Section thereof, Other Specialty Works andlor Separate Works / parts thereof, the Engineer-in-Charge shall within a Feasonable time determine, grant and notify in writing to the Principal Contractor such extension. If the Engineer-in-Charge decides that the Principal Contractor is not entitled to an extension, the Engineer.in-Charge ‘shall notify the Principal Contractor in writing accordingly Provided that the Engineer-in-Charge in determining any such extension shall take into account all the circumstances known to him at that time, including the effect of any omission of work or substantial decrease in the quantity of any item of work. Provided further that the Engineer-in-Charge shall, if the Principal Contractor shall so request in writing, make a subsequent review of the circumstances causing delay and determine whether any further extension of time for ‘completion should be granted, For the avoidance of doubt ifthe Engineer-in-Charge grants an extension of time in respect of a cause of detay occurring after the Owner is entitled to Fecover liquidated damages in respect of the Works, Other Specially Works and/or Separate Works! parts thereof, the period of extension of time granted shall be added to the prescribed time or previously extended time for the ‘completion of the Works or, as the case may be, the relevant Section, Other ‘Specialty Works and Separate Works! parts thereof. For the purposes of determining whether or to what extent the Principal Contractor may be entiled to an extension of time under Clause 54.2 the Engineer-in-Charge may require the Principal Contractor to submit full and detailed particulars of the cause and extent of the delay to the progress of the Project. Where such full and detailed particulars are required by the Engineer- in-Charge, they shall be submitted in writing by the Principal Contractor to the Engineer-in-Charge as soon as practicable in ofder that the Principal Contractor's claim may be investigated at that time by the Engineer-in- Charge. If the Principal Contractor fails to comply with the provisions of this Giause, the Engineer-in-Charge shall consider such extension only to the extent that the Engineer-in-Charge is able on the information available. Whenever the Engineer-in-Charge grants an exiension of time for completion in accordance with this Clause, the Principal Contractor shall revise the program referred to in Clause 19 accordingly.Construction, Management, Coordina mm & Delivery of Ineo's Mixed Use Project Hotel & C 5 (Office & Retail) Cr Except as provided elsewhere in the Contract, any extension of time granted by the Engineer.in-Charge to the Principal Contractor shall be deemed to be in full compensation and satisfaction for any loss of injury sustained or ‘sustainable by the Principal Contractor in respect of any matter or thing in connection with which such extension shall have been granted and every extension shall exonerate the Principal Contractor from any claim or demand fon the part of the Owner for the delay during the period of such extension but Not for any delay continued beyond such period. Rate of Progress, Progress Linked Retention, Liquidated ‘Damages and Bonus S Time is of essence for the Project. Acknowledging this, the Principal Contractor shall prepare the Master Program as per Clause 19 and get the ‘same approved from the Engineer-in-Charge and the Owner. The Principal Contractor shall also allocate sufficient resources at Site to achieve milestone dates mentioned in the approved Master Program. The Principal Contractor shall allocate sufficient resources at Site to fulfill its obligation towards supervision, coordination and management of Other Specially Works and Separate Works. The Principal Contractor shall keep close coordination with ther Specialty Contractors and Separate Contractors so that progress of the Work is not hampered due to siow progress of Other Specialty Works and Separate Works or vice versa, To ensure the timely and successful completion of the Project, a mechanism has been worked out to pin point the slow progress of major activities Fesulting in delay in achieving intermediate and major milestones as ‘mentioned in the approved Master Program so that corrective measures can bbe taken well in time. In case of failure in achieving major milestones liquidated damages will be imposed on the Principal Contractor by the Owner and such liquidated damages shall only be reimbursed on achievement of ext major milestone along with earlier major milestone (due to which liquidated damages were imposed on Principal Contractor by the Owner) Provided that the next major milestone is achieved by its original due date as per approved Master Program. A matrix is attached as in Annexure 6 to this effect. The Principal Contractor shall fill in the number of days required to ‘achieve the various intermediate milestones and major milestones from date of issuance of Letter of Intent, and submit during tender stage for approval by the Owner. This matrix will be updated based on approved Master Program of the Project submitted by the Principal Contractor on award of the Work and. approved by the Owner. For further clarity, the following example illustrates the system of it and intention: |. If intermediate milestone 1 is achieved within the due date as per Master Program, 100% running bills will be paid IFintermediate milestone 2 misses the due date, the Owner will hold 3% of the value of cumulative running bils, including the most recent bis once the future iniermediate milestone is achieved by its due date as per the Master Program, IIL In case, the Principal Contractor fails to achieve major milestone total of 5% of the value of the Work done represented by all the ‘cumulative bills raised including the most recent running bill shall be levied as liquidated damage by the Owner. V. However, such Liquidated damage amounts imposed on Principal Contractor by the Owner will be released to Principal Contractor if the Principal Contractor subsequently achieves the intermediate or major milestone by its due date as per the approved Master Program, signifying that the Project shall be completed by the targetManagen nt, Coordination, Supervision & Delivery of Irea’s Mined Use Project- Hotel & Commercial Buildings (Office & Retail timeline as mentioned in the approved Master Program The Principal Contractor shall not be entitled to any additional payment for ‘complying with any instruction given in accordance with this Clause. Bonus: {f the Principal Contractor achieves completion of the Project before the Project completion date as stipulated in the Contract which includes the ‘completion of Other Specialty Works and Separate Works, the Principal Contractor will be rewarded a bonus @ 0.05% of Contract Sum per day Subject to a maximum limit of 2% of the Contract Sum. However, authorized/approved extension of time even ifn accordance with the Contract shall not be added to original project completion time and be used to qualify for payment of bonus. Liquidated damages for delay the Principal Contractor fails to complete the Works or where the Works are divided into Sections any Section within the time for completion Prescribed by Clause 53 or such extended time as may be granted. in ‘accordance with Clause 54, then the Owner shall be entitled to recover from the Principal Contractor liquidated damages in accordance with the provisions of Clause 81. The payment of such damages shall not relieve the Principal Contractor from its obligations to complete the Works or from any other of is obligations under the Contract. ‘The liquidated damages shall be calculated @ 0.1% of Contract Sum par day for a delay of 50 days, thereafter from 51" day to 100" day @ 0.05% of Contract Sum per day and @ 0.10% of Contract Sum per day after 100 days. Provided always that the total amount of liquidated damages for delay to be paid by the Principal Contractor under these Conditions shall not exceed 10% ‘of the Contract Sum. For the purpose of interim liquidated damages ‘recoverable by the Owner as per Clause 55, and where actual percentage of liquidated damages is not ascertainable until actual delay is fully measured, 5% of the Contract Sum shall be used as budgetary number and true up to be done upon ascertaining of actual delay, The period for which liquidated damages shall be calculated shall be the number of days from the prescribed date for completion or any extension Granted thereof of the Works or the relevant Section or of Other Specialty Works and Separate Works or any parts. thereof until and including the date ‘of Final Completion, Provided that, if the Engineer-in-Charge subsequently grants an extension of time which affects the period described above, then the Owner shall reimburse to the Principal Contractor the liquidated damages recovered for the number of days so affected at the rate described in Clause 56.2 without interest, within 28 days of the granting of such extension of time, ‘All monies payable by the Principal Contractor fo the Owner pursuant to this Clause shall be paid as liquidated damages for delay and not as a penalty ‘Completion of the Works, Other Specialty Works and ‘Separate Works & Certificate of ‘Substantial Compl oe a When the Works, Other Specialty Works and Separate Works have been substantially completed and have satisfactorily passed any final test that may be prescribed by the Contract, Other Specialty Contracts and Separate Contracts, the Principal Contractor may serve notice in writing to that effect 10 the Engineer-in-Charge, accompanied by an undertaking to carry out any ‘outstanding work during the Defects Liability Period, requesting the Engineer- In-Charge to issue a Cerificate of Substantial Completion in respect of the Works, Other Specialty Works and Separate Works. The afore-said notice | shalt cortty thatConstruction, Management, Coordination, Supervision & Delivery of Ireo’s Mixed Use Project Hotel & Commercial Buildings (Office & Retail) 1. the Work executed by the Principal Contractor, is according To the Contract, and Other Specialty Works and Separate Works are ‘according to Other Specialty Contracts and Separate Contracts respectively; li, All the works of the buildings (Tower wise / building wise) and other Portions of the Works, Other Specialty Works and Separate Works ‘are completed except for minor omissions and minor defects [giving a list of items to be completed or corrected; The failure to include any item on such list shall not alter the responsibilty of the Principal Contractor to complete the Work in accordance with the Contract, ‘and ensuring that Other Specialty Works and Separate Works have been completed in accordance with Other Specialty Contracts and Separate Contracts respectively] a) which do not prevent the Works, Other Specialty Works and Separate Works from being reasonably ‘capable of being used for its intended purpose, b) the making good of which will not prejudice the convenient use of the Works, Other ‘Specially Works and Separate Works; c) which do not cause a legal impediment to the use of the Works, Other Specialty Works and ‘Separate Works; ‘Those tests which are required according to the Contract, Other Specialty Contracts and Separate Contracts to be carried out and assed, before the Works, Other Specialty Works and Separate ‘Works are handed over to the Owner, have been carried out and passed; v. Materials, documents, “As Built’ drawings, operation and ‘maintenance manuals and other information required under the Contract, Other Specialty Contracts and Separate Contracts, which are necessary for the use, operation and maintenance of the Works, Other Specialty Works and Separate Works have been supplied to Owner; v. Warranties which the Principal Contractor is required to provide under this Contract for the Works and warranties which the Other Specialty ‘Contractors and Separate Contractors are required to provide under Other Specialty Contracts and Separate Contracts for Other Specialty ‘Works and Separate Works have been supplied; and Vi Allthe requirements according to the various clauses of the Contract, Other Specialty Contracts and Separate Contracts, are fulfilled to the Satisfaction of the Engineer-in-Charge. ‘The Engineer-in-Charge shal, within 21 days of the date of receipt of such notice either: (@) issue a Certificate of Substantial Completion stating the date on which, in the Engineer-in-Charge’s opinion, the Works, Other Specialty Works and Separate Works were substantially completed in accordance with the Contract, Other Specialty Contracts and Separate Contracts and the Defects Liability Period shall commence on the day following the date of completion stated in such Certificate and also state the responsibilities of the Owner and the Principal Contractor for ‘maintenance, ulities cost, and insurance, and shall fix the time within which the Principal Contractor shall complete all the items listed therein, or () give instructions in writing to the Principal Contractor specifying all the ‘work which, in the Engineer-in-Charge’s opinion, is required to be done by the Principal Contractor before such certificate can be issued, in ‘General Conditions of ContractConstruction, Management, Coordination, Si & Delivery of hi Hotel & Commercial Buildings (Office & Retail) 0's Mixed Use Project which case the Principal Contractor shail nat be permitted to make any further request for a Certificate of Substantial Completion unless all the Work specified by the Engineer-in-Charge has been completed by t Principal Contractor; or (6) issue the defect list on the Work, Other Specialty Works and Separate Works to Principal Contractor. Principal Contractor shall rectify, and shall cause Other Specialty Contractors and Separate Contractors to rectify, all such defects within 45 days of receipt of the defect list from the Engineer-in-Charge. ‘57.2 | Notwithstanding the provisions of Clause 57.1, as soon as in the opinion of the Engineer-in-Charge the Works, Other Specialty Works and Separate ‘Works have been substantially compieted and satisfactorily passed any final test which may be prescribed by the Contract, Other Specialty Contracts and/or Separate Contracts, the Engineer-in-Charge shall issue a Certificate of Substantial Completion in respect of the Works, Other Specialty Works and Separate Works, and the Defects Liability Period shall commence on the day following the date of substantial completion stated in such certificate, ‘57.3 | The Principal Contractor shall carry out any outstanding work within a period Of 30 days after the issuance of the Certificate of Substantial Completion or as reasonably directed by the Engineer-in-Charge. 574 | The provisions of Clauses 57.1, 572 and 57.3 shall apply equally to any Section of the Works, Other Specialty Works and Separate Works/ parts thereof. a7 ‘@) The Engineerin-Charge shall give a Cerificate of Substantial Completion in respect of any part of the Works, Other Specialty Works and Separate Works which has been completed to the satisfaction of the Engineer-in-Charge and is required by the Owner {or permanent occupation or use before the completion of the Works! any Section, Other Specialty Works and Separate Works/ parts thereof. b) The Engineer-in-Charge, following a written request from the Principal Contractor, may give a Certificate of Substantial Completion in respect of any part of the Works or of parts of Other Specialty Works and Separate Works which have been substantially completed 10 the satisfaction of the Engineer-in-Charge before the completion of the Works! any Section, Other Specially Works andlor Separate \Works/parts thereof and is capable of permanent occupation and/or permanent use by the Owner ©) When a Certificate of Substantial Completion is given in respect of a part of the Works or part of Other Specialty Works and Separate Works, such part shall be considered as substantially completed and the Defects Liabiity Period for such part shall commence on the day following the date of completion stated in such certificate. 576 | Any Cerificate of Substantial Completion given in accordance with this Clause in respect of any Section or part of the Works or of any section or part ‘of Other Specialty Works and/or Separate Works shall not be deemed to certify substantial completion of any ground or surface requiring reinstatement unless the certificate shall expressly so state, 5777__| For the purposes of ths Clause the term Works”, “Oiher Specially Works” and “Separate Wosks’ shall exclude any maintenance work executed in accordance with Clause 60 ditions of Contract 2Construction, Management, Coordination, Supervision & Delivery of Ireo's Mixed Use Project Hotel & Commercial Bu 25 (Office & Retail) ‘SUSPENSION OF THE WORKS ‘Suspension of the Works The Principal Contractor shall upon the written order of the Engineer Charge suspend the progress of the Works or any part thereof or of Other Specialty Works and Separate Works/part thereof for such time or times and in such manner as the Engineer-in-Charge may consider necessary and shall during such suspension properly protect and secure the Works and supervise and coordinate the protection of Other Specialty Works and Separate Works so far as is necessary in the opinion of the Engineer-in- Charge. 382 TF upon writen application by the Principal Contractor to the Enginearin- ‘Charge, the Engineer.in-Charge is ofthe opinion that the Principal Contractor has been involved in additonal expenditure by reason of a suspension order given by the Engineer-in-Charge under this Clause then the Engineer-in- Charge shall ascertain the cost incurred and shall certify in accordance with Clause 77, unless such suspension order is. ‘2. otherwise provided for in the Contract, or necessary by reason of some default on the part of the Principal Contractor or any person carrying cut the Works, Other Specialty Works and Separate Works, or © necessary for the proper execution of the Works, Other Specialty Works and Separate Works or for the safety of the Works, Other Specialty Works and Separate Works or any part thereof or for the safety and health of any person or the safety of any property on or adjacent to the Site in as much as such necessity does not arise from any act or default of the Engineer-in-Charge or the Owner of from any of the excepted risks defined in Clause 25, However, above said additional expendituré’as per Clause 58.2, incurred by the Principal Contractor, during initial period of thirty (30) days for each ‘approved suspension by Engineer in Charge, shall not be payable to the Principal Contractor. ‘Suspension lasting more than 90 days 38 I ithe progress of the Works, Other Specially Works andlor Separale Works or any parts thereof is suspended on the written order of the Engineer-in- Charge and if written permission to resume work is not given by the Engineer- charge within a period of 90 days after the date of suspension then the Principal Contractor may, unless such suspension is occasioned by the circumstances described in Clause 58.2 (a) to (c), serve a notice in writing on the Engineer-in-Charge requiring permission within 28 days after the receipt ff such notice to proceed with the Works, Other Specialty Works and/or ‘Separate Works/ parts thereof in regard to which progress is suspended. If within the said 28 days the Engineer.in-Charge does not grant such Permission the Principal Contractor by a further notice in writing served on the Engineer-in-Charge may, but is not bound to, elect to treat the suspension where it affects only part of the Works or parts of Other Specially Works andlor Separate Works as_an omission of such part under Clause 64 or where it affects the Works, Other Specially Works and Separate Works as an abandonment of the Contract, Other Specially Contracts and Separate Contracts by the Owner. 01 MAINTENANCE AND DEFECTS: Defects Guarantee - For total duration of the Defects Liability Period, | Principal Contractor guarantees that the Work shall be free of any damage or defect, whether patent o latent.Mixed Use Project 8. For the avoidance of doubt, the parties acknowledge and agree that all warranties provided by ‘Principal Contractor & Approved Sub Contractor(s), shall be valid for at least the full duration of the Defects Uabilty Period. In certain specific works the warranties of works shall extend beyond the Defects Liability Period and the Principal Contractor Shall extend benefit of warranties to the Owner e.g. the warranty for the ‘water proofing work shall be ten years, ant-termite treatment work shall be ten years, ote. b. Principal Contractor shall, and shall cause Approved Sub Contractor(s), ‘Specialist Sub Contractor(s), Other Specialty Contractor(s) and Separa Contractor(s) to, rectify, repair or replace any defective Work, defective Other Specialty Works ‘and defective Separate Works as applicable to Owner's satisfaction. To the extent required to enable Principal Contractor to make such rectification, repair or replacement, Owner shall assign to Principal Contractor such relevant guarantees or warranties that Owner has received from Approved Sub Contractors, Other Specialty Contractors and Separate Contractors and their sub ‘contractors and vendors. ©. Principal Contractor hereby assigns to Owner, effective at the expiration of the Defects Liability Period, all manufacturer, vendor and supplier guarantees, as well as all other warranties and/or guarantees relating to the Work including that Principal Contractor receives from Approved Sub Contractor(s) and the Principal Contractor shall coordinate with Other ‘Specialty Contractors and Other Separate Contractors for the same. Further, effective at the expiration of the Defects Liability Period, Principal Contractor shall reassign to Owner any guarantees or warranties that Owner may haves assigned to Principal Contractor during or before Defects Liabiity Period, 4. Allwarranties shall be submitted by Principal Contractor to Owner as a prerequisite to Substantial Completion, 60.2 | The Works, Other Specially Works and Separate Works shall, or as soon as practicable after the expiry of the Defects Liability Period, be delivered to the Owner in the condition required by the Contract, Other Specialty Contracts, and Separate Contracts, free of wear and tear. 60.3 All maintenance work whether or not required urgently by the Engineer in- Charge shall be carried out by the Principal Contractor during the Defects Liability Period or within 14 days after its expiry, and the Engineer-in-Charge may by notice in wnting require the Principal Contractor to camry out ‘maintenance work including any work of repair or rectification, or make good any defect, imperfection, shrinkage, settlement or other fault identified within the Defects Liabilty Period, and the Principal Contractor shall carry out such work within the Defects Liabilty Period or as soon as practicable thereafter ‘and where the Engineer-in-Charge requires such maintenance work to be carried out urgently, the Principal Contractor shall carry out such work in ‘compliance with such terms contained in the notice imposed by the Engineer in-Charge as the Engineer-in-Charge may consider necessary and ‘easonable in the circumstances, 60.4 J All such work shall be carried out by the Principal Contractor at ts own expense if the necessity for such work shall, in the Engineer-in-Charge’s pinion, be due to the use of materials or workmanship not in accordance with the Contract, Other Specialty Contracts and Separate Contracts or due to neglect or failure on the part of the Principal Contractor to comply with any obligation express or implied on the Principal Contractor's part under the ral Conditions of Contract 4oF IConstruction, Managen rervision & Delivery of Ireo's Mixed Use Project= Hotel & Commercial Buildings (Office & Retail) Contract and/or due to neglect or failure on the part of Other Specially Contractors and Separate Contractors to comply with any obligation express ‘or implied on the Other Specialty Contractor's and Separate Contractor's part under the Other Specialty Contracts and Separate Contracts respectively. If in the opinion of the Engineer-in-Charge such necessity shall be due to any other cause, the Engineer. variation ‘ordered in accordance with Clause 64, and shall certify. in ‘accordance with Clause 77. Charge shall value the work as it were a 60.5 | ifthe Principal Contractor fails to carry out any outstanding work as required by Clause $7.3 or fails to carry out any maintenance work and in such terms (if any) as required by the Engineer-in-Charge under Clause 60.3 the Owner. shall be entitled after giving reasonable notice in writing to the Principal Contractor, to have such work carried out by its own workers or by other Contractors and if such work is work which the Principal Contractor would have been required to carry out at its own expense the Owner shall be entitled to recover from the Principal Contractor the expenditure incurred in ‘connection therewith. @) ©) © {fin the course or for the purpose of the execution of the Works/ any part thereof, Other Specialty Works and/or Separate Works any highway or other ‘road or way shall have been broken into then notwithstanding any other provisions of the Contract: if the permanent reinstatement of such highway or other road or way is to be carried out by the appropriate authority or by some person other than the Principal Contractor, the Principal Contractor shall at its own expense and independently of any requirement of or notice from the Engineer-in-Charge be responsible for the making good of any subsidence or shrinkage or other defect, imperfection, settlement or fault in the temporary reinstatement of such highway or other road or way and for the execution of any necessary repair or amendment thereof from whatever cause the necessity arises until the end of the Defects Liability Period in respect of the works beneath such highways ‘oF other road or way or until the authority or other person as aforesaid shall have taken possession of the Site for the purpose of carrying out permanent reinstatement, whichever is earlier. The Principal Contractor Shall indemnify the Owner against and from any damage or injury to the Owner or to third parties arising out of or in consequence of any neglect. (failure of the Principal Contractor to comply with the foregoing obligations or any of them and against and from all claims, demands, proceedings. damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto: as from the end of such Defects Liability Period or the taking of Possession as aforesaid, whichever is earlier, the Owner shall ‘indemnify the Principal Contractor against and from any damage or Injury as aforesaid arising out or in consequence of or in connection with the said permanent reinstatement or any defect, imperfection or failure of or in such work of permanent reinstatement and against and from all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof or in relation thereto ‘where the authority or other person as aforesaid shall take possession Of the Site as aforesaid in portions or parts the responsibilty of the Principal Contractor under paragraph (a) of this Clause shall cease in regard to any such portion or part at the time the possession thereof is sso taken but shall during the continuance of the said Defects Liabity PPeriod continue in regard to any portion or part of which possession has ‘Not been so taken and the indemnities given by the Principal Contrstruction, Management, Coordination, Supervision & Delivery of Ireo's Mived Use Project= Hotel & Commercial Buildings (Office & Retail) ‘and the Owner respectively under paragraphs (a) and (6) of this Clause shall be construed and have effect accordingly investigating 621 At any time prior to the issue of the Cerificate of Final Completion in defects ‘accordance with Clause 78 the Principal Contractor shall, if instructed by the Engineer-in-Charge in writing, investigate the cause of any defect, imperfection or fault under the directions of the Engineer-in-Charge. Provided that ifthe Engineer-in-Charge at his absolute discretion so decides, the Owner shall be entitled, after giving reasonable notice in writing to the Principal Contractor, to have such investigation carried out by its own workers (or by other contractors. 622 | If such defect, imperfection or fault shall be one for which the Principal Contractor is liable in accordance with the provisions of the Contract andlor Other Specialty Contractors and Separate Contractors are liable in ‘accordance with the provisions of Other Specialty Contracts and Separate Contracts, the expense incurred in investigating as aforesaid shall be borne by the Principal Contractor and it shall in such case repair, rectify and make good such defect, imperfection or fault together with any consequential damage at his own expense. The Principal Contractor shall coordinate supervise and manage to get such defects, imperfection or faults feetifiedimade good from Other Specially Contractors and Separate Contractors falling which the onus of rectification of such defects, imperfections or faults shall be on the Principal Contractor 623 if such defect, imperfection or fault shall be one for which the Principal Contractor, Other Specialty Contractors and/or Separate Contractors are not ‘so liable, then the Engineer-in-Charge shall value any investigation and remedial work carried out by the Principal Contractor as aforesaid in accordance with Clause 65, and shall certify in accordance with Clause 77-Such remedial works carried out by Other Specialty Contractors and Separate Contractors shall be paid directly to them by the Owner, IEASUREMENT, VARIATIONS, VALUATIONS AND CLAIMS Bil of 63 [631 | Engineer-in-Charge shall, except as olherwise provided, asceriain and Quantities and determine by measurement the value of the work done in accordance with the ‘measurement Contract. All measurements of all items having financial value shall be entered by the Principal Contractor and compiled in the shape of the ‘computerized measurement book as per the format prescribed by the Owner so thal a complete record is obtained of all the ems of Works performed Under the Contract All such measurements and levels recorded by the Principal Contractor or its ‘authorized representative from time to time, during the progress of the Work, shail be got checked by the Principal Contractor from the Engineer-in-Charge 1 Engineer-in-Charge’s Representative as per interval and program fixed in Consultation with Engineer-in-Charge / Engineer-in-Charge’s Representative, After the necessary corrections have been made by the Engineer-in-Charge, the measurement sheets shall be returned to the Principal Contractor for incorporating the corrections and resubmission to the Engineer-in-Charge for the dated signatures of the Engineer-in-Charge and the Project Head in token of their acceptance Such measurements shall be taken in accordance with the Standard Method of Measurement of Building Works as per latest version of Central Public | Works Department-india (CPWD) specifications applicable to Works. In case the standard method of measurement of any item is not available in the latest version of CPWD specifications, then the latest version of standard method of measurement of that item by Bureau of Indian StandardsConstruction, Management, Coordination, Supervision & Delivery of Ireo's Mined Use Project- Hotel & Commercial Buildings (Office & Retail) Principal Contractor or its agent may at the time of measurement taxe such Notes and measurements as it may require. All authorized extra works, omissions and all variations made without the Engineer-in-Charge’s knowledge, if subsequently sanctioned by him in writing, shall be included in ‘such measurements. Whenever any bill is due for payment, the Principal Contractor shall first submit draft computerized measurement sheets and these measurements will be verified by the Engineer-in-Charge / Engineer-in-Charge’s Representative. The Principal Contractor will thereafter incorporate such changes as may be done during these check in its draft computerized measurements, and submit to the Engineer-in-Charge a computerized measurement book, duly bound, and with its pages machine numbered. The Engineer-in-Charge / Engineer-in- Charge's Representative would thereafter check this measurement book and record the necessary certificates for their check. The Principal Contractor shall also submit to the Owner separately his computerized abstract of cost and the bill based on these measurements, duly bound and its pages machine numbered along with two spare copies of the bil. Thereafter, this bill will be processed by the Engineer-in-Charge. In case of fina bil, the measurement and valuation in respect of the Contract shall be completed within the “Period of Final Measurement” as stated in the Contract or if not so stated then within 90 days of the completion of the Work {as defined in Clause 57 hereinabove. No further claims shall be made by the Principal Contractor after submission of the final bill and any claim thereafter shall be deemed to have been waived and extinguished. Payments as ‘approved by Engineer-in-Charge, will as far as possible be made within 90 days, the period being reckoned from the date of receipt ofthe final bill by the Engineer-in-Charge J Engineer-in-Charge's Representative complete with account of materials issued by the Owner and dismantled materials, The quantities set out in the Priced Bil of Quaniilies are estimated quantities land they are not to be taken as the actual and correct quantities of the work to be executed. es ‘Any ervor in description in the Priced Bill of Quantities or Rem omitted there from shall not vtiate the Contract or relieve the Principal Contractor from the execution of the whole or any part of the Works according to the Drawings and Technical Specifications or from any of its obligations or liabilities under the Contract. The Engineer-in-Charge shall correct any such error or ‘omission, shall ascertain the value of the work actually carried out in accordance with Clause 65, and shall certify in accordance with Clause 77, Provided that there shall be no rectification of any error, omission or wrong imate in any description, quantity or rate inserted by the Principal Contractor in the Priced Bill of Quantities. Principal Contractor shall ‘coordinate with Other Specialty Contractors and Separate Contractors to get bills from them in similar fashion as mentioned in Clause 63.1 to 63.3 and check their bills according to Other Specialty Contracts and Separate Contracts, as applicable, before submitting the same to the Owner for its further checking, investigation and payments to Other Specialty Contractors ‘and Separate Contractors, ea For the purpose of calculating the Final Contract Sum the Engineer-in-Charge shall ascertain and determine by measurement the quantity of Work executed in accordance with the Contract. Such Work shall be valued al the rates set out in the Priced Bill of Quantities or if there are no appropriate rates in the Priced Bill of Quantities then at other rates determined in accordance with the Contract,Construction, Manage nt, Coordination, Supervision & Delivery of Ireo's Mixed Use Project- Hotel & Commercial Buildings (Office & Retail) es (@) In case of any disagreement / conflict on the procedure to be adopted {or preparation of bill or measurements. as envisaged in Clause 63.1, the procedures mentioned in 63.5 (b) to (d) shall prevail (®) When any part of the Works, Other Specialty Works and/or Separate Works is required to be measured, the Engineer-in-Charge shall Inform the Principal Contractor who shall forthwith attend or send a representative to assist the Engineer-in-Charge in making such measurement and shall furnish all particulars required by him, Should the Principal Contractor not attend or neglect or omit to send such Fepreseniative, then the measurement made by the Engineer-in- ‘Charge shall be taken to be the correct measurement of the Work. (©) For the purpose of measuring such permanent Work as is to be measured by records and drawings the Engineer-in-Charge's Representative shall prepare records and drawings month by month of such work and the Principal Contractor, as and when called upon to do 80 in wrting, shall within 14 days attend to examine and agree such records and drawings with the Engineer-n-Charge / Engineer Charge's Representative and shall sign the same when so agreed and ifthe Principal Contractor does not so attend to examine any such records and drawings, they shal be taken to be correc. (@) If after examination of such records and drawings the Principal Contractor does not agree to the same or does not sign the same as agreed they shall nevertheless be taken to be correct unless the Principal Contractor shall, within 14 days of such examination, lodge with the Engineer-in-Charge for a decision by the Engineer-in-Charge a statement in writing of the respects in which such records and drawings are claimed by the Principal Contractor to be incorrect. Variations The Engineer-in-Charge shall order any variation to any pant of the Works, Other Specialty Works and Separate Works that Is necessary for the ‘completion of the Works, Other Specialty Works and Separate Works and ‘shall have the power to order any variation that for any other reason shall in his opinion be desirable for or to achieve the satisfactory completion and functioning of the Works, Other Specialty Works and Separate Works. Such variation may include: (@) additions, omissions, substitutions, alternations, changes in quality, form, character, kind, position, dimension, level or line; (b)_ changes to any sequence, method or timing of construction specified in the Contract, Other Specialty Contracts and Separate Contracts of the Project: and (©) changes to the Site or entrance to and exit from the Site, No variation shall be made by the Prindjpal Contractor without an order in writing by the Engineer-in-Charge. No variation shall in any way vitiate or invalidate the Contract, but the value of all such variations shall be taken into ‘account in ascertaining the Final Contract Sum. Tn case the Contract Sum increases! decreases beyond 30% on account of variation in quantities executed at Site, the Principal Contractor may within fifteen days of receipt of order or occurrence of the excess! likely deficit, claim revision of the rates, supported by proper analysis for the Work in excess of the aforementioned limits, Valuing 6 4 ‘Charge shall determine the sum which in his opinion shall be Wract Sum as a result of an order given by Ns of Contract ottConst ition, Management, Coordination, Supe Hotel & Co ision & Delivery of Ireo's Mixed Use Project- wercial Buildings (Office & Retail Variations ‘the Engineer-in-Charge under Clause 64 in accordance with the following principles: (@) Any item of work omitted shall be valued at the rate set out in the Contract for such work. (b) Any work carried out which is the same as or similar in character to and ‘executed under the same or similar conditions and circumstances to any item or work priced in the Contract shall be valued at the rate set out in ‘the Contract for such item or work. (©) Any work carried out which is not the same as or similar in character to or is not executed under the same or similar conditions or circumstances to ny item of work priced in the Contract shall be valued at a rate based on the rates in the Contract so far as may be reasonable, failing which the latest edition of DSR (Delhi Schedule of Rates) and DAR (Delhi Analysi ‘of Rates) shall be used to reach upon a rate agreed between the Engineer-in-Charge and the Principal Contractor. Rates of labour shall be taken from the latest notification released by the labour department of the Haryana Government, Provided that if the nature or extent of any variation ordered in accordance with Clause 64 relative to the nature or extent of the Works or any part thereof shall be such that in the opinion of the Engineer-in-Charge any rate contained in the Contract for any item of work is by reason of such variation rendered unreasonable or inapplicable then a new rate shall be agreed between the Engineer-in-Charge and the Principal Contractor for that item, using the Contract rates as the basis for determination, 2 Tn the event of the Engineer-in-Charge and the Principal Contractor failing to each agreement on any rate under the provisions of Clause 65.1, th Engineer-in-Charge shall fix such rate as shall in his opinion be reasonable ‘and notify the Principal Contractor accordingly such rates as fixed by the Engineer-in-Charge shall be final and binding on the Principal Contractor. The Principal Contractor shall proceed with the completion of the Works and under no circumstances whatsoever shall hold the execution of the Works. Day work eat The Engineer-in-Charge may, if in his opinion Wis necessary or desirable, crder in writing that any work to be carried out as a result of a variation ordered under Clause 64 shall be executed on a day work basis. The Principal Contractor shall then be paid for such work under the conditions and the rates set out in the Contract or if no such conditions and rates have been included, such rates as the Engineer-in-Charge shall determine based ‘on rates of workman mentioned in latest published DSR (Delhi Schedule of Rates) and latest notification from labour department of Haryana Government, ees The Principal Contractor shall furnish to the Engineer-in-Charge such receipts fF other vouchers as may be necessary to prove the sums paid and before ordering materials shall, if so required by the Engineer-in-Charge, submit to the Engineer-in-Charge quoiations for the same for his approval Tn respect of all work executed on a day work basis the Principal Contractor shall during the continuance of such work deliver each working day 10 the Engineer-in-Charge's Representative / Engineer-in-Charge a list, In duplicate, Of the names and occupations of and lime worked by all workers employed on ‘such work on the previous working day and a statement, also in duplicate, showing the descriptions and quantity of all materials and Constructional Plant used thereon or there for. One copy of such lists and statements shall be agreed as correct or be rejected with stated reasons, be signed by the Engineer-in-Charge’s Represenitalive/ Engineer-in-Charge _and returned tosement, Coordination, Supervision & Delivery of Ire0's Mixed Use Project Hotel & Commercial Buildings (Office & Retail) the Principal Contractor within 7 business days, Promptly, at the end of each month, the Principal Contractor shall deliver to the Engineer-in-Charge’s Representative / Engineer.in-Charge a priced statement of the labour, materials and Constructional Plant used on a day ‘work basis. Provided that if the Engineer-in-Charge shall consider that for any reason the sending of such statement by the Principal Contractor in accordance with the foregoing provision was impracticable the Engineer-in-Charge shall nevertheless be entitled to authorize payment for such work either as day ‘work, on being satisfied as to the time employed and the Constructional Plant ‘and materials used thereon, or at such value as shall in the Engineer-in- CCharge's opinion be reasonable. 666 The Principal Contractor shall_inform the _ Engineer in-Charg Representative / Engineer-in-Charge in advance whenever the Principal Contractor proposes to carry out day work ordered by the Engineer-in-Charge and shall afford every facility for the Engineer-in-Charge’s Representatival Engineer-in-Charge to check all ime and materials for which the Principal Contractor proposes to charge therefore. Principal Contractor's Overheads and Profits & Notice of Claims 7 era Pursuant to Clause 65 and other applicable Clauses in the Contract, the Principal Contractor's overheads and profit for the Contract are as stated in the (Appendix to the) Form of Tender. a72 Trthe Principal Contractor intends to claim a higher rate than one notified to him by the Engineer-in-Charge pursuant to Clause 65.2, the Principal ‘Contractor shail within 28 days of such notification give notice in wnting of his intention to claim to the Engineer-in-Charge. ers ifthe Principal Contractor intends to claim any additional payment under the provisions of any Clause(s) of the General Conditions of Contract or Special Conditions of Contract other than as mentioned in Clause 67.1, the Principal Contractor shal within 28 days after the happening ofthe events giving rise to a claim serve notice in writing on the Engineer-in-Charge of his intention to Claim and the contractual provisions upon which the claim is based ora The Principal Contractor shall Keep such contemporary records as may reasonably be necessary to support any claim and shall give to the Engineer- in-Charge details of the records being kept in respect thereof. Without necessarily admitting the Owner's liabiliy, the Engineer-in-Charge may Fequire the Principal Contractor to keep and agree with the Enginee Charge's Representative any additional contemporary records as. are reasonable and may in the opinion of the Engineer-in-Charge be material to the claim. The Principal Contractor shall permit the Engineer-in-Charge / Engineer-in-Charge's Representative to inspect all records kept pursuant to this Clause and shall supply copies thereof as and when the Engin Charge / Engineer-in-Charge's Representalive shall so require, ors ‘fier the giving of a notice to the Engineer-in-Charge under this Clause, the Principal Contractor shall, as soon as is reasonable, send to the Engineer-in- Charge a first interim account giving full and detailed particulars of the circumstances giving rise to the claim, the rate or sum claimed and the manner in which such rate or sum is calculated. Thereafter, at such intervals as the Engineer-in-Charge may reasonably requite, the Principal Contractor shall send to the Engineer-in-Charge further up-to-date accounts giving the ‘accumulated total of the claim and any further full and detailed particulars in relation thereto.Construction, Management, Coordin: 1m & Delivery of Ireo's Mixed Use Project- Hotel & Commercial Buildings (Office & Retail) 67.6 ___ | ifthe Principal Contractor fails to comply with the notice provisions contained in Clauses 67.2 or 67.3 in respect of any claim, such claim shall not be considered. 67.7 __| ifthe Principal Contractor fails to comply with the provisions of Clauses 67.3 ‘or 67.4 in respect of any claim the Engineer-in-Charge may consider such claim only to the extent that the Engineer-in-Charge is able on the information, made available. Provided that the Engineer-in-Charge shall not be obliged to take into account when considering a claim any particulars of the claim received by him after the expiry of a period of 120 days calculated from the date of completion stated in the Certificate of Substantial Completion with respect to the Works, Other Specialty Works and Separate Works. In the event of different Certificates of Substantial Completion having been issued for different Sections or parts of the Works pursuant to Clause 57 andlor for Other Specialty Works and Separate Works, the expression ‘Certificate of Substantial Completion” shall, for the purpose of this Clause, mean the last of ‘such certificates. CONSTRUCTIONAL PLANT, TEMPORARY BUILDINGS AND MATERIALS Vesting of 68 [68.1 | AllConstructional Plant and temporary buildings owned by the Principal Constructional Contractor shail_when brought onto the Site be and become the property Plant and of the Owner but may be removed from the Site by the Principal Temporary Contractor at any time with the prior approval of the Engineer-in-Charge Buildings writing. Upon removal as aforesaid or under the terms of Clause 85.2 suc Constructional Plant and temporary buildings shall re-vest in the Principal Contractor. Upon completion of the Works, Other Specially Works and Separate Works the remainder of such Constructional Plant and temporary buildings shall, subject to Clause 79, re-vest in the Principal Contractor. Piant, 682 | 1. Principal Contractor shall and shall cause Approved Sub Contractors to Equipment & procure and provide all the materials required for the completion and Materials maintenance of Work, and shall make its own arrangements. for transporting and storing such materials. The materials procured by Principal Contractor and Approved Sub Contractors shall conform to the Drawings and the Technical Specifications. 2. If any materials for the execution of Contract, Other Specialty Contracts and Separate Contracts are procured with the assistance of Owner, either by issue from Owner's stock or through Owner purchases, Principal Contractor shall hold the materials as trustee for Owner. 1.4.1. Ptincipal Contractor shall use any Owner-supplied materials economically and solely for the purpose of Contract and shall not dispose them off without the permission of Owner. 1.1.2, When any materials purchased by Owner are supplied to Principal Contractor, Principal Contractor shall submit consumption details every fifteen (15) Days, Principal Contractor shall submit detailed consolidated ‘consumption reports and reconciliations to Owner with Principal Contractor's request for a Certificate of Substantial Completion and Certificate of Final Completion. 1.1.3. Loss or wrongful appropriation of materials belonging to Owner shall be deemed to be a material breach of Contract onConstruction, Management, Coordina m, Supervision & Delivery of Ireo's Mixed Use Project Hotel & Commercial Buildings (Office & Retail) ‘the part of Principal Contractor 3. Equipment, operable machinery and hazardous parts of the construction Subject to mischief, shall be kept locked or otherwise made inoperable by Principal Contractor when left unattended. 4. Principal Contractor shall, and shall cause Approved Sub Contractors to, deliver clearly labeled, undamaged materials to the Ste in the manufacturer's unopened containers or packaging as applicable to the material. Principal Contractor shall and shall cause Approved Sub Contractors to, deliver materials to allow for minimum storage time at the Site and shall coordinate delivery with the scheduled time of installation. Principal Contractor shall, and shall cause Approved Sub Contractors, Other Specialty Contractors and Separate Contractors to, store materials ina clean, dry location, protected from weather and abuse. Vesting of wo Material war ‘All_materials owned by the Principal Contractor for incorporation in the Works shall be and becomes the property of the Owner upon delivery to the Site, and shall not be removed without an instruction or the prior written Consent of the Engineer-in-Charge. Materials shall, subject to Clause 79, only re-vest in the Principal Contractor to the extent that they may be found to be surplus to requirements upon or prior to completion of the Works. The ‘operation of this Clause shall not be deemed to imply any approval by the Engineer-in-Charge of such materials or prevent the Engineer-in-Charge of any material at any tim Secured ‘Advance eo2 The Owner may in its sole discretion pay to the Principal Contractor upon @ ‘written request made by it to the Owner, Secured Advance to the extent of 75% of actual landed cost of consumables (except perishable items of ‘material), brought by the Principal Contractor at the Site and stored for use in ‘the Work under the Contract. The cost of such consumable materials shall be ‘deemed to be as certified by the Engineer-in-Charge in his absolute discretion ‘and wisdom on the basis of relevant acceptable vouchers, measurement books, receipts and other documents produced by the Principal Contractor and as per prevalent market rates as reduced by applicable trade discounts. ‘The Principal Contractor shall ensure that only such materials are brought to the Site as are to be utilized in the Work within a reasonably short time and it shall work out the same in consultation with Engineer-in-Charge in accordance with the Drawings and other related documents. The Secured ‘Advance given to the Principal Contractor by the Owner shall be adjusted {rom the sum due to the Principal Contractor in respect of the immediate next running account bill submitted by the Principal Contractor. It shall be ensured by the Principal Contractor that any outstanding Secured Advance availed by the Principal Contractor stands fully and finally adjusted from the amount due to the Principal Contractor against final bill submitted by it to the Owner. The ‘Owner shall have complete and absolute charge and lien on the items of ‘material against which Secured Advance has been availed by the Principal Contractor and the same shall be treated as the property of the Owner and the Principal Contractor shall not create any charge or lien on the same in favour of a third person or entity or try to remove the same from the Sit. However. the said items of material shall remain in the custody of the Principal Contractor until the same are properly ulilized and accounted for by the Principal Contractor or the Secured Advance availed by the Principal Contractor has been fully recovered from the sums due to it and till such time. any loss or damage or wastage’ in respect thereof shall be the sole responsibilty and to the account of the Principal Contractor. The Principal Contractor shall execute an Agreement cum Guarantee cum Indemnity in favour of the Owner in the format enclosed herewith as Annexure 7as and when it avails Secured Advance from the Owner.Construction, Manag nt, Coordination, Hotel & Commercial Bui spervision & Delivery of Ireo's Mixed Use Project- igs (Office & Retail) materials to be The Owner will supply the construction materials Isted in the (Appendix to the) Form of Tender tothe Principal Contractor free of castor at fixed price as ‘may be mentioned in the (Appendix to the) Form of Tender from its storage/ issue points. The same shall be supplied against periodical advance indents to be raised by the Principal Contractor at least 15 (fifteen) working days in advance based on the weekly/ monthly program of Work. Wastage beyond Permissible limits wil be recovered at 1.5 times the rate specified in the (Appendix to the) form of tender or the prevalent market price, whichever is higher subject to the conditions given below: |. The Principal Contractor shall be solely responsible for the safety and security of materials supplied/ issued to it for the Works within the Site, |The Principal Contractor shall bear all costs towards lifting, loading, unloading, carting from issue points! trucks to the Work Site/ its store, storing, security, watch and ward and no payment on these counts shall be made by the Owner. Ill, The Principal Contractor shall submit material requisition forms in the approved format to the Owner 15 (fifteen) working days before any material is required by it for use in the Works. The Principal Contractor shall maintain complete records of all items of material issued to him by the Owner and consumed in the Works. Consumption statement on ‘approved format in respect of all materials shall accompany all running account bills. Principal Contractor shall furnish every month a reconciliation statement to the Engineer-in-Charge's Representative indicating receipts, theoretical consumption, balance and wastage if any for all the materials supplied by the Owner. Material required for Construction of temporary facilities like Site office, store, laboratory etc. shall be arranged by Principal Contractor at its own cost. IV, Excess material indented by the Principal Contractor from the Owner shall be treated as wastage beyond allowable limits and shall be charged to the Principal Contractor as mentioned above and the Owner shall not take back such excess material from the Principal Contractor. V. Ifthe Owner is unable to supply the aforesaid materials to the Principal Contractor, it shall advise the Principal Contractor in advance about the non-availability of the same. In such a case the Principal Contractor shall arrange to procure the same from market subject to the approval ofits cost and quality by the Engineer-in-Charge. Constructional 714 Upon the Certificate of Substantial Compietion of the Works, Other Specialty Works and Separate Works being issued the Principal Contractor shall remove all Constructional Plant temporary buildings and surplus materials from the Site with the prior written permission of the Engineer-in-Charge. In ‘case of issue of such certificate for part or parts of the Work or part or parts of ‘Other Specialty Works and Separate Works it shall remove only those constructional plants, temporary buildings that will no longer be required to discharge the Principal Contractor's obligations under the Contract. 72 Tf the Principal Contractor shall fail to remove from the Site any Constructional Piant, temporary buildings or surplus materials as aforesaid within such reasonable time after completion of the Works, Other Specialty Works and Separate Works as may be allowed by the Engineer-in-Charge, then the ‘Owner may: (@) sell any such Constructional Plant, temporary buildings or surplus materials owned by the Principal Contractor and after deducting from ‘any proceeds of sale the charges and expenses of and in connection with such sale shall pay the balance (if any) to the Principal ContractorConstruction, Management, Ci Hotel & Commere Supervision & Delivery of Ireo's Mixed Use Project | Buildings (Office & Retail) ‘ut to the extent that the proceeds of sale are insufficient to meet all ‘such charges and expenses the excess shall be recoverable by the ‘Owner from the Principal Contractor, or (b) return Constructional Plant hired or the subject of a hire-purchase agreement to the firm or company from whom it was so hired by the Principal Contractor, and recover the charges and expenses of and in connection with such return from the Principal Contractor. Hired and Hire- | 72 Constructional Plant which is not solely owned by the Principal Contractor Purchase shall not be brought onto the Site without the consent of the Enginet Construetional ‘Charge and the Engineer-in-Charge shall have the power to withhold consent Plant unless the owner of the Constructional Plant gives a written undertaking to the Owner that: (@) the owner of the Constructional Plant will consent to the assignment by the Principal Contractor to the Owner of the benefit of any hiring or hire-purchase or other agreement made with the Principal Contractor in respect of the relevant plant in the event of either the determination of the Principal Contractor's employment or termination of the Contract by the Owner in accordance with the provisions of the Contract or the abandonment of the Contract by the Principal Contractor before ‘completion of the Works, Other Specialty Works and Separate Works. (©) subject to any assignment under paragraph (a) of this Clause, the ‘owner of the Constructional Plant will permit the Owner, or any other contractors employed by the Owner, to use the relevant constructional plant for the purpose of completion of the Works, Other Specialty Works and Separate Works. ‘Owner's 3 In the event of the Owner entering into any agreement for hiring or hire ‘expense in purchase under Clause 72, all sums paid by the Owner under the provisions entering into of any such agreement and all expenses incurred by the Owner in entering Hire or Hire- into such agreement shall be deemed to be part of the cost of completing the Purchase Works, and shall be recoverable by the Owner from the Principal Contractor. Agreement Liability for__| 74 ‘Save as stated in Clause 25, the Owner shall not at any time be lable for the loss or damage loss of or damage to any of the Constructional Plant, temporary buildings or to materials which have become the property of the Owner under Clauses 68 Constructional ‘and 69 or loss of or damage to any hired or hire-purchase Constructional Plant Plant brought onto the Site in accordance with Clause 72. Incorporation | 75 ‘The Principal Contractor shall when entering into any sub-contract for the of certain execution of any part of the Works incorporate in such sub-contract the Clauses in Sub- provisions of Clauses 68 to 74 and shall be responsible for the observance of Contracts the same by the Approved Sub Contractors CERTIFICATES AND PAYMENTS Principal 76 761 |The Principal Contractor shall submit to the Engineerin- Charge atthe end Contractor's of each monthly period (the first of such monthly periods to commence on the Interim date for commencement of the Works) a statement showing: Statements, a. the estimated contract value of the work done in accordance with the Contract up to the end of such monthly period with sums payable in respect of Approved Sub Contractors and Specialty Sub Contractors listed separately: alist of materials delivered to the Site for use in the permanent work and their estimated contract value; ._all further estimated sums which the Principal Contractor considers to 4Construct Management, Coordination, Super 1 & Delivery of Ireo's Mixed Use Project- Hotel & Commercial Buildings (Office & Retail) be due tohim under the Conrad: and Tf 4. the estimated contract value of the Other Specialty Works and Separate Works executed in accordance with Other Specialty Contracts and Separate Contracts up to the end of such monthly period with sums payable to Other Specialty Contractors and ‘Separate Contractors respectively. 762 | The statement shail be prepared on a form supplied by and at the expense of the Principal Contractor and the style and number of copies shall be as the Engineer-in-Charge shall determine. The Principal Contractor shall complete the required number of copies of the statement and deliver them to the Engineer-in-Charge for checking and, if necessary, correction in accordance with Clause 77. One corrected copy shall be returned to the Principal Contractor. Interim and | 7 771 | Within 21 days (unless otherwise stated in the Contract) of the date of | Final delivery to the Engineer-in-Charge of the Principal Contractor's statement in Payments, accordance with Clause 76, the Engineer-in-Charge shall value and certify Retention and within a further 21 days the Owner shall pay to the Principal Contractor ‘Money and after deducting previous payments on account (if any) and any other sum Interest deductible by the Owner under the Contract the sum which in the opinion of the Engineer-in-Charge is due, based on the rates in the Contract where appropriate, in respect of the following: (@) the assessed value of the permanent work executed; and (b) the assessed value of any temporary works or preliminary item for which a separate sum is provided in the Bill of Quantities; and, (©) 75% of the invoiced value of materials, in accordance with Clause 69.2, for inclusion in the permanent work and not being prematurely delivered to and being properly stored on the Site; and (@) the assessed sums payable in respect of Approved Sub Contractors; and (©) any other estimated sum to which, in the opinion of the Engineer-in- Charge, the Principal Contractor is entitled in accordance with the Contract, Provided that the total certified sum shall be adjusted by the Engineer-in- Charge to take into account- i. the retention of the percentage stated herein as under in Clause 77.2 Until the sum retained reaches the limit of Retention Money stated in the Contract; ii, any adjustment to be made for fluctuations in the cost of Material Items in accordance with the Contract Documents; and ii any recovery of mobilization advance payment as Clause 77.9. lv. Deduction on account of not meeting interim and major milestone(s) 2s per Clause 55. Provided further that, for the purpose of interim payments, the value of the materials as referred to in (c) above for use in connection with any item of permanent work priced in the Contract shall be determined on the basis of the rate set out in the Contract for such work. No certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitule General Co an_acceptance of any Work/work not_in accordance with the ContractConstruction, Management, Coordination, Supervision & Delivery of Ireo's Mixed Use Proj Hotel & Commercial Buildings (Office & Retail) ‘Documents andior any Other Specialty Works andlor Separate Works nol in accordance with Other Specialty Contracts and Separate Contracts respectively ‘The Engineer-in-Charge may also decline to any interim bill raised by the Principal Contractor for payment or, because of subsequently discovered evidence or subsequent inspections, it may nullify the whole or any part of any certificate for payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of : i. defective work not remedied; ji, failure of Principal Contractor to make payments properly to ‘Approved Sub Contractors or for labour, materials or equipment; ii, damage to other contractor(s) including Other Specialty Contractors, and Separate Contractors; iv. inadequacy of Preliminaries hampering the timely completion of Work and execution of Other Specially Works and Separate Works; \V. reasonable indication that the Work will not be completed within the stipulated time for completion as per Clause 53 and/or that Other Specialty Works and Separate Works will not be completed within the time stipulated in Other Specialty Contracts and Separate Contracts. 772 | The Owner shail be entiled to deduct 5% of the gross bill amount [also mentioned in the (Appendix to the) Form of Tender] payable to the Principal Contractor from each running account bill submitted by the Principal Contractor as Retention Money to ensure security to the Owner against any claims the Owner may have with respect to the Works executed by the Principal Contractor or claim of any other nature whatsoever that the Owner may have against the Principal Contractor. However, the Principal Contractor shall have the option to have the Retention Money released by furnishing Bank Guarantee on the proforma appended herewith as Annexure 8, of an equivalent amount in favour of the Owner from a Scheduled Commercial Bank. 773 | The Engineer-in-Charge may refuse to Issue @ certificate for an interim payment for a sum less than the minimum payment stated in the (Appendix to the) Form of Tender, but nothing in this Clause shall prevent the Engineer-in- ‘Charge from issuing a certificate at any time for any sum if in the opinion of the Engineer-in-Charge itis desirable to do so 774 | Within 14 days of the date of issue by the Engineer-in-Charge of the Certificate of Final Completion in accordance with Clause 78, the Engineer-in- Charge shall issue a certificate for the payment of Retention Money, which Certificate shall state any Retention Money due to any Approved Sub Contractors and, subject to Clause 81, the Owner shall pay such Retention Money to the Principal Contractor within 21 days of the date of such certificate. 775 | The Owner shall not under any circumstances be liable to pay to the Principal Contractor interest on any sum payable to the Principal Contractor under or arising out of the Contract, whether upon the certificate of the Engineer Charge or otherwise, including the refund of eamest money. Performance Guarantee, Retention Money or payment of interim or final bills, etc. 778 | The Engineer-in-Charge shall have the power to omit from any cerifical value of any work done, materials supplied or services rendered with which the Engineer-in-Charge may for the time being be dissatisfied and for that, purpose, or for any other reason which to the Engineer-in-Charge may seem proper, may by any certificate delete, correct or modify any sum previously f Contrae 86Construction, Management, Coordination, Supervision & Delivery of Ireo's Mixed Use Project- Hotel & Commercial Buildings (Office & Retail) ‘certified by him. 77-7 __ | Within 90 days after the date of issue of the Cerificate of Final Completion, the Principal Contractor shall submit to the Engineer-in-Charge a statement of final account and supporting documentation showing in detail the value in ‘accordance with the Contract and the work done in accordance with the Contract together with all further sums which the Principal Contractor ‘considers to be due to him under the Contract up to the date of the Certificate ‘of Final Completion. Within 90 days after receipt ofthe final account and of all information reasonably required for its verification, the Engineer-n-Charge shal issue a final payment certificate, stating the sum which in his opinion is finally due under the Contract up to the date of the Cerificate of Final Completion, and after giving credit to the Owner for all sums previously paid by the Owner and for all sums to which the Owner is entitled under the Contract the Engineer-in-Charge shall state the balance (if any) due from the Owner to the Principal Contractor or from the Principal Contractor to the ‘Owner as the case may be. Such balance shall be paid to or by the Principal Contractor, as the case may require, within 28 days of the date of the certificate 77.8 | ifthe Principal Contractor fails to submit a statement of final account within 00 days of the date of the Certificate of Final Completion in accordance with Clause 77.7 the Engineer-in-Charge shall be entitled to issue a final payment certificate without reference to the Principal Contractor. 77.9 | Ifthe (Appendix to the) Form of Tender provides for mobilization advance to the Principal Contractor, then the Principal Contractor shall at his own ‘expense obtain an Irrevocable Mobilization Advance Bank Guarantee for the ‘amount of mobilization advance from a Scheduled Commercial Bank, to be jointly and severally bound together with him to the Owner for the due Tepayment of such advance, on the proforma appended herewith as Annexure 9 on award of Works. Such Mobilization Advance Payment Bank Guarantee shall contain a Reduction Clause, reducing the amount of the guarantee in four equal decrements upon presentation to the Guarantor of Owner's certificates for interim payment showing recovery of such advance payment amounts by the ‘Owner, Within 28 days of the notified date for commencement as per Clause 51 of 7 days of the provision of such Mobilization Advance Bank Guarantee, whichever is later, the Owner shall make the advance payment to the Principal Contractor, without any retention or withholding. The Owner may decide to pay the mobilization advance to the Principal Contractor in two or more installments, based on Principal Contractor's pace of mobilization and deployment of its resources on the Site. The mobilization advance shall be recovered by the Owner from the Principal Contractor on pro-rata basis from running account bils submitted by the Principal Contractor beginning from the fourth calendar month after the issuance of Letter of Intent tll 80% of the Works is billed for, so that the entire mobilization advance is recovered by the time 80% of the Works under the Contract has been completed by the Principal Contractor. The mobilzation advance shail be used by the Principal Contractor for execution of the Works only and not on any other purpose and it shall be incumbent upon the Principal Contractor to satisfy the Owner with regard to the end-use of the mobilization advance. The Principal Contractor shall ensure that the Mobilization Advance Bank Guarantee is valid and enforceable until the mobilization advance has been fully recovered from its bills Certificate of | 78 761 | Upon the expiry of the Defects Liability Period, or where there is_more LEimal__ |__| than one such period, upon the expiry of the last Defects Liability Period and } General Conditiauction, Management, Coordination, Supervision & Del ery of Ireo's Mixed Use Project- Hotel & Commercial Buildings (Office & Retail) ‘Completion ‘when all outstanding work referred to under Clause 57 and all work of repair, feconstruction, rectification and making good any defect, imperfection and other fault referred to in Clause 60 shall have been completed, the Engineer- in-Charge shall issue a Certificate of Final Completion stating the date on which the Principal Contractor shall have completed his obligations to () execute the Works (i) ensure that Other Specialty Works and Separate Works have been completed by Other Specialty Contractors and Separate Contractors as per Other Specialty Contracts and Separate Contracts. 7e2 ‘No certificate, other than the Cerificate of Final Completion, shall be deemed {to constitute approval of any work or other matter in respect of which itis issued or shall be taken as an admission of the due performance of the Contract, / Other Specially Contracts and Separate Contracts/ any par(s) thereof. Provided that the Certificate of Final Completion shall not be deemed to ‘constitute approval of any work or other matter in respect of which itis issued which has not been carried out in accordance with the Contract, Other ‘Specialty Contracts and Separate Contracts and which the Engineer-in- Charge could not with reasonable diligence have discovered before the issue of the Certificate of Final Completion, 7a3 The issue of any ceriiicate including the Cerificate of Final Completion shall ‘not be taken as relieving either the Principal Contractor or the Owner from any liability towards the other arising out of or in any way connected with the Performance of their respective obligations under the Contract. Provided that ‘the Owner shall not be liable to the Principal Contractor for any matter or thing arising out of or in connection with the Contract or the execution of the ‘Works unless the Principal Contractor shall have made a claim in relation thereto in accordance with the time limits specified in Clause 54 or Clause 67. REMEDIES AND POWERS. Determination | 79 of the Principal Contractor's Appointment 794 Tithe Principal Contractor shall become bankrupt or have @ receiving order ‘made against him or shall present his petition in bankruptcy or shall make an agreement with or assignment in favour of his creditors or shall agree to carry ‘out the Contract under a committee of inspection of his creditors or (being a corporation) shall go into liquidation (other than a voluntary liquidation for the purposes of amalgamation or reconstruction) or ifthe Principal Contractor shall assign the Contract without the consent in writing of the Owner first obtained or shall have an execution levied on his goods or if the Engineer-in- Charge. shall certify in writing to the Owner that in his opinion the Principal Contractor (@) has abandoned the Contract, or (b) without reasonable excuse has failed to commence the Works in accordance with Clause 51, or (©) has suspended the progress of the Works for 14 days after receiving from the Engineer-in-Charge notice in writing to proceed, or (@) has failed to comply with an order from the Engineer-in-Charge given in accordance with Clause 50, or (©) despite previous warning by the Engineer-in.Charge in writing is failing to proceed with the Works with due diligence, or (has sub-contracted the Works except as per the provisions of the Contract, or (@) has breached or is in persistent breach of any of its obligations under the Contract, orConstruction, Management, Coordination, Supervision & Delivery of Ireo's Mixed Use Project= Hotel & Commercial Buildings (Office & Retail) (f) has failed to the detriment of good workmanship or in deflance of the Engineer-in-Charge’s instruction to the contrary sub-contracted any part of the Works, or (has failed to provide adequate Preliminaries; or © has failed to coordinate, supervise and manage Other Specially Works ‘and Separate Works as per the intent of the Contract, then the Owner may after giving at least 7 days notice in writing to the Principal Contractor expel the Principal Contractor from the Site without thereby avoiding the Contract or releasing the Principal Contractor from any Of its obligations or liabilties under the Contract or affecting the rights and Powers conferred on the Owner or the Engineer-in-Charge by the Contract, and the Owner may complete the Works or may employ any other contractor to complete the Works and the Owner or such other contractor may use for ‘such completion so much of the Constructional Plant, temporary buildings ‘and materials which become the property of the Owner under Clause 68 and 69 as the Owner may think proper and the Owner may at any time sell any of the said Constructional Plant, temporary buildings and unused materials and apply the proceeds of sale in or towards the satisfaction of any sum due or which may become due to the Owner from the Principal Contractor under the Contract. aT) Notwithstanding any other provisions contained in the Contract Documents ‘and without prejudice to any other rights of the Owner, on occurrence of any Of the events mentioned hereinabove in Clause 79.1, the Owner shall have the right to terminate the Contract by giving 7 days notice in writing to the Principal Contractor. In the event of such termination of the Contract, all provisions of this Clause 79 shall be applicable ‘As soon as may be practicable after such expulsion 7 Termination by the ‘Owner, the Engineer-in-Charge shall ascertain and record: ‘a. the quantity of work completed up to the time of such expulsion / tetmination, and . the quantity of unused or partially used materials and list any Constructional Plant and temporary buildings which have become the property of the Owner under the Contract as at the time of such expulsion / termination, ‘The provisions of Clause 63 shall apply for the purpose of attendance by the Principal Contractor for measurement and agreement of records and drawings, 733 BBy the notice referred to in Clause 791 or by further notice in writing within 28 days of the date thereof the Owner may require the Principal Contractor to assign to the Owner, and if so required the Principal Contractor shall forthwith assign to the Owner, the benefit of any agreement for the supply of any ‘materials and/or for the execution of any work for the purposes of the Contract which the Principal Contractor may have entered into, 74 ifthe Owner shall terminate the Contract in accordance wih This Clause, ihe Owner shall not be liable to pay to the Principal Contractor any money on account of the Contract until the expiry of the Defects Liability Period or, where there is more than one such Period, until the expity of the last Defects Liability Period and thereafter until the cost of completion and maintenance, damages for delay in completion (if any) and all other expenses incurred by | the Owner have been ascertained and the amount thereof certified by theConstruction, Managen nt, Coordination, Supervision & Delivery of Ire0's Mixed Use Project= Hotel & Commercial Buildings (Office & Retail) Engineer-in-Charge. 795 | The Principal Contractor shall then be eniilied to receive only such sum (if any) as the Engineer-in-Charge may certify would have been payable to the Principal Contractor upon due completion by him less the amount certified for the purposes of Clause 79.4. If the amount certified in accordance with Clause 79.4 shall exceed the sum which would have been payable to the Principal Contractor upon due completion by him then the Principal Contractor shall upon demand pay to the Owner the amount of such excess, Work by person | 80 80.1 | If the Principal Contractor shall fall to carry out any work required under the other than the Contract or refuse to comply with any instruction or order given by the Principal Engineer-in-Charge in accordance with the Contract within a reasonable time, Contractor the Engineer-in-Charge may give the Principal Contractor 14 days’ notice in \wrting to carry out such work or comply with such instruction. If the Principal Contractor fails to comply with such notice, the Owner shall be entitled to carry out such work or instruction by his own workers or by other contractors. Without prejudice to any other remedy, all additional expenditure properly incurred by the Owner in having such work or instruction carried out shall be recoverable by the Owner from the Principal Contractor. 802 | if by reason of any accident or failure or olher event occurring 10, In, or in connection with the Works any remedial or other work shall in the opinion of semen | the Engineer-in-Charge be urgently necessary and the Principal Contractor is tunable or unwilling at once to do such remedial or otier work, the Engineer- in-Charge may authorize the carrying out of such remedial or other work by a Person other than the Principal Contractor. if the remedial or other work so authorized by the Engineer-in-Charge is work which in the Engineer-in- ‘Charge's opinion the Principal Contractor was liable to do under the Contract, all expenses properly incurred in carrying out the same shall be recoverable by the Owner from the Principal Contractor. Provided that the Engi Charge shall as soon after the occurrence of any such emergency, as may be Feasonably practicable notify the Principal Contractor thereof in writing, Recovery of | 81 81.1 | All damages (Including liquidated damages), costs charges, expenses, debis money due to ‘or sums for which the Principal Contractor is liable to the Owner under any the Owner provision of the Contract may be deducted by the Owner from monies due to the Principal Contractor under the Contract including Retention Money and the Owner shall also have the power to recover any balance not so deducted from monies due to the Principal Contractor under any other contract between the Owner and the Principal Contractor. [812 | Alldamages (including liquidated damages), costs, charges, expenses, debis ‘or sums for which the Principal Contractor is liable to the Owner under any provision of any other contract between the Principal Contractor and the ‘Owner may be deducted by the Owner from monies due to the Principal Contractor under the Contract, including Retention Money. FORCE MAJEURE AND FRUSTRATION Force Majeure | 82 821 | if during the currency of the Contract, there shall be a Foree Majeure event, the Principal Contractor shall, unless and until the Contract is terminated Under the provisions of this Clause, use his best endeavors to ()) complete the execution of the Works and (i) cause the Other Specialty Contractors and ‘Separate Contractors to complete the execution of Other Specialty Works and. Separate Works in accordance with Other Specially Contracts and Separate Contracts respectively Provided that the Owner shall be entitled at any time atter the occurrence of any of the Force Majeure event(s) to terminate the Contract by giving written notice to the Principal Contractor, and upon such notice being given theConstruction, Management, Coori |. Supervision & Delivery of Ireo's Mixed Use Project- tel & Commercial Buildings (Office & Retail) Contract shall terminate forthwith but without prejudice to the Glaims of ether party in respect of any antecedent breach thereof. 822 Tn the event of termination in accordance with the provision fo Clause 62.1, Unless the Engineer-in-Charge otherwise directs, the Principal Contractor shall with all reasonable dispatch remove from the Site all Constructional Piant and temporary buildings and surplus materials and shall similarly allow his Approved Sub Contractors to do so, wae Tn the event of formination in accordance with the proviso to Clause 62.1, the Principal Contractor shall be paid by the Owner, in so far as such items have not already been covered by payment on account made to the Principal Contractor, for all work executed prior to the date of termination at the rates provided in the Contract and in addition, 2) the sums payable in respect of preliminary tems in so far as the work ‘or service comprised therein has been carried out or performed and a proper proportion as cerified by the Engineer.n-Charge ofall such items of the work or service which has been partially cared out or performed: b) the cost of materials reasonably ordered for the Works which shall have been delvered to the Principal Contractor or of which the Principal Contractor is legally liable to accept delivery, such materials becoming the property of the Owner upon such payment being made by the Own ©) a sum to be certified by the Engineerin-Charge being any cost Teasonably incurred by the Principal Contractor in the expectation of completing the Works in so far as such cost shall not have been paid in accordance with this Clause. ‘Whether the Contract shall be terminated in accordance with the proviso to Clause 82.1 oF not, the following provisions shall apply or be deemed to have applied as from the occurrence of any of the Force Majeure events: 2) Save as provided in Clause 26.2, the Principal Contractor shall be Under no liabilty whatsoever whether by way of indemnity oF ‘otherwise for or in respect of damage to the Works ( other than work condemned under Clause 50) oF to property (other than property of the Principal Contractor including property vested in the Owner under Clauses 68and 69 or property hired by the Principal Contractor for the purpose of executing the Works) whether of the Owner of of third Parties or for or in respect of injury or loss of lfe which is wholly the consequence ofthe occurrence of any of the Force Majeure event b) If the Works or any material on the Site shall be destroyed or damaged by reason of any of the Force Majeure event, the Principal Contractor shall nevertheless be entitled to payment for the Works and for any materials so destroyed or damaged and the Principal Contractor shall be entitled to recover from the Owner the expense incurred in making good any such destruction or damage to the Works and of replacing or making good such materials, unless the same has been paid by the Insurance Company, so far as may be required by the Engineer-in-Charge or as may be necessary for the ‘completion of the Works, valued at rates agreed upon between the Engineer-in-Charge and the Principal Contractor and based where possible in accordance with Clause 65. In the event of the Engineer- in-Charge and the Principal Contractor failing to reach agreement on any rate the Engineer-in-Charge shall fix such rate as shall in his pinion be reasonable and notify the Principal Contractor accordingly.