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and ancillary works to be executed. all items and things to be supplied

/ done and services / activities to be performed by the Contractor in
pursuance of and in accordance with the Contract.

REPRESENTATIONS
3.1 The Contractor acknowledges that the Client has entered into this
Contract in full reliance on the following representations made by the
Contractor.
It is a company incorporated and existing under the (.:c.rripc,inics Act,
1956.
If is a qualified engineering Company competent to execute the
Works cnvered by the scope of this Contract.
It has full power, authority and legal right under the laws of India and
has taken all necessary steps to enter into, deliver and perform this
Contract.
The Contract constitutes legal, valid and binding obligations of the
Contractor enforceable in accordance with its terms and in law.
(e) It has the required capacity to perform the duties under this Contract
and undertakes the liabilities imposed by this Contract.

4 SCOPE OF WORKS
4.1 The Contractor shall execute the Works as per the Scope of Works stated
in Annexure I hereto.
4.2 All the Works shall be executed in accordance with the Technical
Specifications and drawings forming part of the Contract and / or as per
directions of the Client from time to lime.

5. ASSIGNMENT AND SUB-LETTING

5 . 1 The Contractor shall not subcontract, transfer or assign the entire work to
-
any other party. The Contractor may, however, engage_ sub-contractors
for various parts of the Works. The Contractor shalt remain fully responsible
to the Client for such sub-contractors in all aspects related to the
Contract.

6. OBLIGATIONS OF THE CONTRACTOR

The Contractor shall, inter alia, fulfill following obligations in relation to
performance of this Contract, without any liability on the Client
whatsoever :
6.1 The Contractor shall comply with all labour / industrial laws / other
applicable laws, rules, regulations, orders etc. of various authorities.
6.2 The Contractor shall obtain applicable permits, consent, clearances
approvals etc. for carrying out its obligations under the Contract.
The Contractor stall with due care- and diligence- perform and ex
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the works and arrange all labour, materials. machines. plant and
Equipment, zags and fixtures, T&P, consultants / specialists / sub-contractors
etc. as required for planning, executing and managing the entire Work in
accordance with the provisions of this Contract.
6.4 the Con !roc tor r)(Trk,E- all necessary arrangements for quarrying,
transporting and arranging different materials, including earth.
6.5 the Contractor shall at all times afford fhe Client and it authorized
representative(s) access to the Site and carry out its instructions /
directions with due care, skill and diligence.
6.6 the Contractor shall ensure safety, soundness, quality and durability of the
Works in accordance with the applicable Specifications and standards.
The Contractor shot! also ensure adequacy, stability and safety of all its
operations innluding site operations, methods of construction and
adequate security at the Site.
6.7 The Contractor shall make all arrangements for basic facilities like
electricity, sanitation, water supply efc.
6.8 The Contractor shall make cirrangements for adequate standby captive
power to meet requirement of power.
6.9 The Contractor shall construct and maintain haulage road and the access
roads where necessary for the purpose of movement of materials,
equipment etc.
6.10 The Contractor shall maintain existing village or other roads as may be
used by it.
6.11 In case, any cliversiur Lo y closure of, army existing road is necessary, it will be
done by the Con troc: lot after the .2pproval_ of the Client and also !he
concerned authorities. The Contractor shall maintain such existing road
and the diversion roads for all weather conditions and shall restore the
existing road when diversion is no more required.
6.12 The Contractor, during the construction of the Works, shall keep the Site
reasonably free from all unnecessary obstruction(s) to the satisfaction of
the Client.
6.13 The Contractor shall coordinate its activities with the activities of other
contractors or agencies, if appointed by the Client.
6.14 The Contractor, on the completion of the Works, shall hand over the Works
to the Client in accordance with the provisions of this Contract.

7. OBLIGATIONS OF THE CLIENT

7.1 The Client shall make payments to the Contractor for the execution of
Works in accordance with the terms of the Contract.
7.2 In addition and not in derogation or substitution of any of its other
obligations under this Contract the Client agrees to comply and perform
the following:

(I) enable access to the Site, and permit its use in accordance wift-
Contract:

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-29 1) Or noticing the defect/ clarn(Dge, the Client sl-H.,11 forthwith inform the
Contractor the nature of the defect/ damage. The Contractor shall
repair, rectify and replace such defect/ damage to the satisfaction of the
Client within re:-..-p-,oncrude . time , Nit before expin. • r.:4 the Defects Liability
PerKx.I.

30. FINAL. ACCEPTANCE CERTIFICATE

30.1 The Final Acceptance Certificate will be issued after satisfactory
completion of Works / removal of defects during the Defe.c I Liability Period
for which request shall be mode by file Contractor io the Client pursuant
to this Clause and such request shall be accompanied with the list of
documents already handed over in accordance with the Conditions of
Contract and such other doc.:urnc., ntsiinf(:., rmatic., n a <: may 12 ,, r e quired by
the Client from the Contractor.

CONFIDENTIALITY
31.1 All information, data and drawings furnished/ disclosed by the Client to
the Contractor and all drawings, manuals, information etc. supplied by
the Contractor to the Client shall be treated as confidential information
unless designated otherwise and shall not be used by any of them without
the prior written consent of the other Party except in connection with the
performance of the Works under the Contract

SAFETY, SECURITY AND PROTECTION OF ENVIRONMENT

32.1 The Contractor shall be responsible for providing general Site security and
taking safety measures within the Works area, including the Contractor's
camps, offices and residential area by arranging necessary fencing,
barriers, lighting, guards, watchman etc. •

33. WORK HOURS

33 Subject to Indian lows and regulations.. the Contractor is authorized to

work day and night, as well as on Sundays and / or holidays.

34. GOVERNING LAWS

34.1 this Contract shall be construed and interpreted in accordance with and
governed by the laws of India.

35. FINAL ACCOUNT

35.1 The Contractor shall submit to the Client a detailed account (the Final
Account) of the total amount that the Contractor considers payable

under the Contract after removal of all defects and submission of

documents / drawings mentioned in Clause 36.1 hereinafter, to the
atisfaction of the Client.
Final Account. shall.be examined by the Client. who shall decif b
co
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