SAILESH NAIR & ASSOCIATES
- 69 -
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
Contractor. The
Bank shall not be so responsible for any
loss sustained by the Contractor from the sale of the plant in
the event of the Contractor not removing it after notice.
9.4.
NOTICES:
9.4.1.
Notices of the
Bank to the
Architect or the Contractor may
be served personally or by being left at or sent by registered
post to the last known place of abode or business of the
party to whom the same is given or in the case of the
Contractor by being left on the works. In the case of
company or Corporation, notices may be served at or sent by
registered post to the Registered office of the Company or
Corporation. Any notice sent by registered post shall be
deemed to be served at the time when, in the ordinary
course of post, it would be delivered.
9.5.
TERMINATION OF CONTRACT BY THE BANK
9.5.1.
If the Contractor being an individual or a firm, commits any
act of insolvency or shall be adjudged as Insolvent or being
an incorporated Company shall have an order for
Compulsory winding up or applies for voluntary winding up or
subject to the supervision of the Court and of the Official
Assignee or the Liquidator in such acts of Insolvency or
winding up shall be unable within seven days after notice to
him requiring him to do so, to show to the reasonable
satisfaction of the
Architect that he is able to carry out and
fulfill the Contract, and to give security therefore, if so
required by the
Architect or if the Contractor (whether an
individual firm or incorporated Company) shall suffer
execution to be issued, or shall suffer any payment under
this Contract, to be attached by or on behalf of any of the
creditors of the Contractor.
or shall assign or sub-let the Contract without the consent in
writing of the
Architect first obtained.
or shall charge or encumber this Contract or any payments due
or which might become due to the Contractor there under,
or if the
Architect shall certify in writing to the
Bank that the
Contractor
a) Has abandoned the Contract,
or
b) Has failed to commence the works, or has without any lawful
excuse under these conditions suspended the progress of
the works for seven days after receiving from the
Architect,
written notice to proceed,
or
c) Has failed to proceed with the works with such due diligence
and failed to make such due progress as would enable the
works to be completed within the time agreed upon,
or
SAILESH NAIR & ASSOCIATES
- 70 -
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
d) Has failed to remove materials from the site or to pull down
and replace work for seven days after receiving from the
Architect written notice that the said materials or work were
condemned and rejected by the
Architect under these
conditions,
or
e) 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 seven days
after written notice shall have been given to the Contractor
requiring the Contractor to observe or perform the same, or
f) Has to the detriment of good workmanship or in defiance of
the
Architect instructions to the contrary sublet any part of
the Contract.
Then in any of the said cases the
Bank may not withstanding any
previous waiver, after giving seven days notice in writing to the
Contractor, determine the Contract but without thereby affecting the
powers of the
Architect or the obligations and liabilities of the
Contractor, the whole of which shall continue in force as fully as if
Contract has not been determined and as if the works subsequently
executed had been executed by or on behalf of the Contractor. And
further, the
Bank, may enter upon and take possession of the work and
all plant, tools, scaffoldings, sheds, machinery, steam and other power,
utensils and materials lying upon the premises or the adjoining lands or
roads and use the same as his own property or may employ the same
by means of his own servants and workmen carrying on and
completing the works or by employing any other Contractors or other
persons to complete the works, and the Contractor shall not in any way
interrupt or do any act, matter or things to prevent or hinder such other
Contractor or other person or persons employed for completing and
finishing or using the materials and plant for the works. When the
works shall be completed or as soon thereafter as convenient, the
Architect 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 days after receipt thereof by him the
Bank shall
sell the same by public auction, or otherwise and shall give credit to the
Contractor for the amount realized after deducting there from the costs
of removal and sales by the
Bank for the values of the said plant and
material so taken possession of by the
Bank and the expense or loss
which the
Bank shall have been put to in procuring the works to be
completed and the amount, if any, owing to the Contractor and the
amount which shall be so certified shall thereupon be paid by the
Bank, to the Contractor, or, by the Contractor to the Bank, as the case
may be, and the certificate of the
Architect shall be final and
conclusive between the parties. On termination of the Contract, the
Contractor shall forthwith remove himself and his workmen from the
works site.