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LIFE INSURANCE CORPORATION OF
EAST CENTRAL ZONAL OFFICE, ENGG. DEPTT. (4
TH
R)
“JEEVAN DEEP”, EXHIBITION ROAD, PATNA – 800 01
PHONE: 0612-2501118/2503014/2501103,
AN ISO 9001:2015 CERTIFIED DEPARTMENT
Contractor Addl. Executive Director
f. has neglected or failed persistently to observe and perform all or any of the acts, matters, or things, by this
Contract to be observed and performed by the Contractor for 7 (seven) days after written notice shall have been given
to the Contractor requiring the Contractor to observe or perform the same, or
g. has to the detriment of good workmanship or in defiance of the AED’s instructions to the contrary sub-let any
part of the Contract.
then and in any of the said causes, the AED notwithstanding any previous waiver, after giving 7 (seven) days notice in
writing to the Contractors, determine the Contract, but without thereby affecting the powers of the AED or the
obligations and liabilities of the Contractor, the whole of which shall continue to be in force as fully as if the contract
has not been so determined and as if the work subsequently executed had been executed by or on behalf of the
Contractor. And further, the Employer, his agents or servants, may enter upon and take possession of the work and all
plant, tools, scaffolding, sheds, machinery, steam and other power, utensils and materials, lying upon the premises or
the adjoining lands or road and use the same as his own property or may employ the same by means of his own
servants and workmen in carrying on and completing the work or by employing any other Contractors or other person
or persons to complete the work, and the Contractor shall not in any way interrupt or do any act, matter, or thing to
prevent or hinder such other Contractor, other persons or person employed for completing and finishing or using the
materials and plant for the work. When the work shall be completed or as soon thereafter as convenient, the AED shall
give a notice in writing to the Contractor to remove his surplus materials and plant and should the Contractor fail to do
so within a period of 14 (Fourteen) days after receipt thereof by him, the Employer may sell the same by public auction
and shall give credit to the Contractor for the amount so realized. The CE shall thereafter ascertain and certify in writing
under his hand what (if anything) shall be due or payable to or by the Employer for the value of the said plant and
materials so taken possession of by the Employer and the expense or loss which the Employer shall have been put to in
getting the work to be so completed, and the amount, if any, owing to the Contractor and the amount, which shall be
so certified shall thereupon be paid by the Employer to the Contractor or by the Contractor to the Employer, as the
case may be and the Certificate of the AED shall be final and conclusive between the parties.
32. TERMINATION OF CONTRACT BY CONTRACTOR:
32.1 If payment of the amount payable by the Employer under any Certificate of the EE shall be in arrears as unpaid
for 60 (sixty) days after notice in writing requiring payment of the amount with interest of aforesaid shall have been
given by the Contractor to the Employer, or if the work be stopped for six months under order of the AED or by any
injunction or other order of any Court of Law, then and in any of the said cases, the Contractor shall be at liberty to
determine the Contract by notice in writing to the Employer and he shall be entitled to recover from the Employer
payment for all the work executed and for any loss, he may sustain upon any plant or material supplied or purchased or
prepared for the purpose of the Contract.
32.2 In arriving at the amount of such payment, the net rates contained in the Contractor’s original tender shall be
followed or where the same may not apply, valuation shall be made in accordance with Clause No.15 hereof.