SAILESH NAIR & ASSOCIATES
- 65 -
BOB, ANKALAV BRANCH, DIST. ANAND
1, DEFENCE KARMACHARI HSG. SOC. NR. UNITED COLONY, B/H. NAVRACHANA HIGH SCHOOL, SAMA,
VADODARA – 390 008 TELE-FAX. 0265 2784382 MOB : 9898072813 / 9427602817
1. The contractor shall be responsible for all injury to persons,
Neighboring Properties, animals or things, and for all structural
and decorative damage to property which may arise from the
operation or neglect of himself or of any nominated Sub-
contractor's employees, whether such injury damage arise from
carelessness, accident or any other cause whatever in any way
connected with the carrying out of this contract. This clause shall
be held to include inter alia, any damage to buildings, whether
immediately adjacent or otherwise, and any damage to roads,
streets, foot-paths, bridges or ways as well as all damage
caused to the building and works forming the subject of this
contract, by frost or other inclemency or whether. The
Contractor shall indemnify the
Bank from any such injury or
damage to persons or property as aforesaid and also in any
award of compensation or damages consequent upon such
claims.
2. The Contractor shall reinstate all damage of every sort
mentioned in the Clause, so as to deliver up the whole of the
contract works complete and perfect in every respect and so as
to make good or otherwise satisfy all claims for damage to the
property of third parties.
3. The Contractor shall indemnify the
Bank against all claims,
which may be made against the
Bank by any member of the
public or other third party in respect of
4. anything which may arise in respect of the works or in
consequence thereof and shall at his own expense arrange to
effect and maintain, Until the virtual completion of the contract,
with an approved Office a Policy of Insurance in the joint names
of
Bank and the Contractor against such risks and deposit such
Policy or Policies with the
Architect from time to time during the
currency of this Contract.
5. The Contractor shall similarly indemnify the
Bank against all
claims which may be made upon the
Bank whether under The
workmen's Compensation Act or any other statute in force
during the currency of this Contract or at common law in respect
of any employee of the Contractor or any Sub-Contractor and
shall at his own expense effect and maintain, until the virtual
completion of the contractor, with an approved office, a policy of
Insurance in the joint names of the employee and the contractor
against such risks and deposits such Policy or Policies with the
Architect from time to time during the currency of this Contract.
6. The Contractor shall be responsible for anything, which may be
excluded from the Insurance Policies above referred to, and also
for all the damages to any property arising out of and incidental
to the negligent or defective carrying out of this contract. He
shall also indemnify the
Bank in respect of any costs, charges
and expenses arising out of any claim or proceedings and also
SAILESH NAIR & ASSOCIATES
- 66 -
BOB, ANKALAV BRANCH, DIST. ANAND
1, DEFENCE KARMACHARI HSG. SOC. NR. UNITED COLONY, B/H. NAVRACHANA HIGH SCHOOL, SAMA,
VADODARA – 390 008 TELE-FAX. 0265 2784382 MOB : 9898072813 / 9427602817
in respect of any award of or compensation of damage arising
there from.
7. The
Bank with the concurrence of the Architect shall be at
liberty and is hereby empowered to deduct the amount of any
damage, compensation, costs, charges and expenses arising or
occurring from or in respect of any such claim or damage from
any sum or sums due or become due to the contractor.
Fire Insurance :
1. The Contractor shall at the time of signing the Contract, Insure
the works and keep them Insured until the virtual completion of
the contract, against losses or damages by fire, as approved by
the
Architect, in the joint names of the Bank and the Contractor
(the name of the former being placed first in the policy) for the
full amount of the contract and for any further sum being allowed
to the Contractor as an authorized extra. Such policy shall cover
the property or the
Bank only, fees for assessing the claim and
in connection with his services generally therein and shall not
cover any property of the contractor or of any sub-contractor of
the
Bank. The contractor shall deposit the policy and receipts
for the premiums of the same with the
Architect within Ten days
of the signing the contract or on receipt of the Work order,
whichever is earlier unless otherwise instructed by the
Architect. In default of the contractor insuring as provided
above, the
Bank or the
Architect on his behalf may so issue
any may deduct the premium paid for any money due to the
contractor. The contractor shall as soon as the claim under the
policy is settled, or the work reinstated by the insurance office,
should they elect to do so, proceed with all due diligence with
the completion or the work in the same manner as though the
fire had not occurred and in all respects under the same
conditions of the contract. The contractor shall be entitled to
such extension of the time for completion as the
Architect
deems fit.
2. The amount so due as aforesaid shall be total value of the works
duly executed and of the contract materials and goods delivered
upon the site for use in the work up to and including a date not
more than seven days prior to the date of the said certificate
less the amount to be retained by the
Bank (As hereinafter
provided) and loss any installment, previously paid under this
clause. Provided that such certificates shall only include the
value of the said materials and goods as and from time they are
reasonably, properly and not prematurely brought upon the site
and then only if properly stored and/or protected weather.)
9.
FAILURE OF PERFORMANCE
9.1.
DAMAGES FOR NON-COMPLETION:
9.1.1.
If the Contractor fails to complete any or all the works by the
date/s named in the relevant clauses for "Date of