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JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY HYDERABAD

(Established by Andhra Pradesh Act No.30 of 2008)

2u3atpall45 H46era7a6 ' +)) )0+5 8n6!ra ra6es! 9:n6ia;

AGREEMENT
For Providing

ARCHITECTURAL & STRUCTURAL CONSULTANCY SERVICES

Agreement No. NTUH!E"!#ICS! !$%&$'&( ")te* ' '$%&(

A+AHARLAL NEHRU TECHNOLOGICAL UNIVERSITY ,U,ATPALLY- HY"ERA#A"' .%% %/.- AN"HRA PRA"ESH 0IN"IA1 P2one No. %3% 4$(&./55&- $(&./553- F)6 No. * %3% 4 (&.5&/3

CONSULTANTS

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I N D E X

NO 1. 2. A) B) C)

DETAILS
INDEX

Page No.

Consulting Ser i!es Ter"s o# Re#eren!e Gener$l Con%itions o# Contr$!t

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AGREEMENT
This agreement made on the 19-12-2012 between the

A+AHARLAL NEHRU TECHNOLOGICAL UNIVERSITY HY"ERA#A" (University) having its Office at Ku at!a""y #yderabad $
%00 0&% re!resented by its 'hief (ngineer (here-in after ca""ed the University) which e)!ression* sha"" un"ess re!ugnant to the sub+ect or conte)t or the meaning thereof* inc"ude his authori,ed re!resentatives and -ssignees on the first !art* AN" M!7 88888888888888888888888888888888888888888('onsu"tants) having their registered office at re!resented by their authori,ed !artner* (here-in after ca""ed the 'onsu"tant) which e)!ression* sha"" un"ess re!ugnant to sub+ect or conte)t or the meaning thereof* inc"ude

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their !artners and administrators re!resentatives and !ermitted assignees on the second !art. CONSULTING SERVICES 'onsu"tant S N o 1 / M!788888888888888888888888888888 0Con79:t)nt71 E7tim)ted Co7t Period o> ?or@

S9;<e=t 0N)me o> ?or@1

I1 0et out be"ow are the terms and conditions under which M!7 888888888888 88888888888888888888888888888888888888888888888888888888888888* have agreed to carry out for 12TU# the above mentioned assignment s!ecified in the attached Terms of 3eference.

1. 4or administrative !ur!oses 'hief (ngineer* 12TU# has been assigned to administer the assignment and to !rovide the consu"tant with a"" re"evant information needs to carry out the assignment. The services wi"" be re5uired for wor s for the wor s as referred above and for a !eriod as mentioned above from the agreement date. 2. The 'hief (ngineer* 12TU# may find it necessary to !ost!one or cance" the assignment and 6 or shorten or e)tend its duration. #owever* every effort wi"" be made to give you* as ear"y as !ossib"e* notice of any such changes. 7n the event of termination* the Con79:t)nt7sha"" be !aid for the services rendered for carrying out the assignment to the date of termination* and the Con79:t)nt7- wi"" !rovide the 'hief (ngineer* 12TU# with any re!orts or !arts thereof* or any other information and documentation gathered under this -greement !rior to the date of termination. 7n the rare circumstances if the wor cannot be grounded for reasons beyond the contro" of the University. The

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'onsu"tants sha"" be !aid %08 u! to the stage of services he has com!"eted. 9. The service to be !erformed* the estimated time to be s!ent* and the re!orts to be submitted wi"" be in accordance with the attached. :. This agreement its meaning and inter!retation and the re"ation between the !arties wi"" be governed by the "aws of Union of 7ndia. %. This -greement wi"" become effective u!on confirmation of this "etter on beha"f of Con79:t)nt7- and wi"" terminate as and when the wor is com!"eted or such other date as mutua""y agreed between the 'hief (ngineer* 12TU# and Con79:t)nt7. II1 The 'hief (ngineer* 12TU# wi"" !ay the consu"tancy charges to Con79:t)nt7- !ayab"e within 90 days on recei!t of invoice as fo""ows/ 1. -fter a!!rova" of schematic drawings ; submission of <O= for tender !ur!ose 0.T. 2. -fter a!!rova" of 0tructura" ?rawings > 0.T. 9. -fter a!!rova" of wor ing ?rawings 0.T. :. -fter a!!rova" of water su!!"y ; ?rainage* ("ectrica" ?rawings 0.T. %. -fter com!"etion of 3'' structure wor s 0.T. @. -fter com!"etion of wor 0.T. 1%8 > 208 > 208 >

1%8 > 1%8 1%8 >

III1 The above fee inc"udes a"" the costs re"ated to carrying out the services* inc"uding overhead and any other ta)es im!osed on Con79:t)nt7 wi"" be res!onsib"e for a!!ro!riate insurance coverage. 7n this regard* the Con79:t)nt7 sha"" maintain wor ers com!ensation* em!"oyment "iabi"ity insurance* for their staff on the assignment. The -rchitects sha"" a"so maintain com!rehensive genera" "iabi"ity insurance* inc"uding contractua"

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"iabi"ity coverage ade5uate to cover the indemnity of ob"igation against a"" damage costs ; charges ; e)!enses for in+ury to any !erson or damage to any !ro!erty arising out or* in connection with the services which resu"ts from the fau"t of the -rchitects or it staff. The Con79:t)nt7 sha"" !rovide the 'hief (ngineer* 12TU# with certification thereof u!on re5uest. IV1 The Con79:t)nt7 indemnify and ho"d harm"ess the 'hief (ngineer* 12TU# against any and a"" c"aims* demands and 6 or +udgments of any nature brought against the 'hief (ngineer* 12TU# arising out of the services by Con79:t)nt7- under this -greement. The ob"igation under this !aragra!h sha"" survive the termination of this agreement. V1 The -rchitects agree that any manufacturing or construction form with which they might be associated it wi"" not be e"igib"e to !artici!ate in bidding for any goods or wor s resu"ting from or associated with the !ro+ect of which this consu"ting agreement forms a !art. VI1 -"" fina" !"ans* drawings* s!ecification* designs* re!orts and other documents or soft ware submitted by the Con79:t)nt7- in the !erformance of the service sha"" become and remain the !ro!erty of the 'hief (ngineer* 12TU#. The -rchitects may retain a co!y of such documents but sha"" not use them for !ur!ose unre"ated to this contract without the !rior written a!!rova" of the 'hief (ngineer* 12TU# (i.e. a"" origina" tracings sha"" be furnished to the University after the wor is com!"eted). VII1 The -rchitect underta e to carry out the assignment in accordance with the highest standard of !rofessiona" and ethica" com!etence and integrity* having due regard to the nature and !ur!ose of the assignment and to ensure that the staff assigned to !erform the services under this agreement* wi"" conduct themse"ves in a manner consistent herewith. VIII1 The Con79:t)nt7- sha"" !ay the ta)es* duties fee* "evies and other im!ositions "evied under the a!!"icab"e "aw and the c"ient sha"" !erform such duties in this regard to the deduction of such ta) as may be "awfu""y im!osed.

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IA1

The Con79:t)nt7 a"so agree that a"" now"edge and information not within the !ub"ic domain which may ac5uired during the carrying out of this agreement* sha"" be* for a"" time and for a"" !ur!ose* regard as strict"y confidentia" and he"d in confidence* and sha"" not be direct"y or indirect"y disc"osed to any !erson whatsoever* e)ce!t with the written !ermission of the 'hief (ngineer* 12TU#* Ku at!a""y* #yderabad.

A"ace

for Con79:t)nt7.

?ate / 3e!resentative on beha"f 'onsu"tant)

(0ignature

of

-uthori,ed

(0ignature ; 2ame of the '"ientBs 3e!resentative) -ttached / Terms of 3eference.

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TERMS OF REFERENCE & O# ECTIVES* The 'onsu"tants are re5uired to !re!are detai"ed !"ans* estimates* structura" designs for a"" 'ivi"* ("ectrica"* water su!!"y and sanitary arrangements and site deve"o!ment !"ans in res!ect of the bui"dings and to !re!are bid documents. $. TAS,S TO #E CARRIE" OUT* -rchitectura" and 0tructura" (ngineering 'onsu"tancy services to be given by the 'onsu"tants sha"" be as under. 0)1 PreB)r)tion o> 7@et=2 B:)n7* 0i1 Are!are !re"iminary draft "ine s etches with in the area of "imitations !rescribed ; a"so !re!are notes sufficient to e)!"ain the -rchitects genera" understanding of the re5uirements furnished to them so as to ensure economica" and functiona" design conce!t. 0ii1 ?iscuss the draft s etches with the 'hief (ngineer and the University (ngineer of 12TU# and ma e such modifications as suggested. 0;1 Pre:imin)rC dr)?ing7 * 0i1 Are!are a detai"ed "ayout !"an showing contours* invert "eve"s wherever necessary together with the e)tensions and roads !ro!osed. The detai"ed !"an sha"" inc"ude a"" necessary data re"ating to the e)isting uti"ity services streets* !avements ad+oining !ro!erties and boundaries. 0ii1 Are!are !re"iminary designs for the !ro!osed bui"dings. The !re"iminary -rchitectura" designs shou"d indicate to the same sca"e* the "ayout of furniture !ro!osed to be !"aced in the rooms6waiting areas. 0iii1 Aartici!ate in the discussions with the University -uthorities for c"earing the !re"iminary designs from their side. The modifications re5uired may have to be carried out. 0=1 +or@ing dr)?ing7 * 0i1 Ar=2ite=t9r): & Str9=t9r): dr)?ing7 * -fter fina"i,ation of the !re"iminary designs wor in !re!aration of detai"ed -rchitectura" drawings with !"ans* e"evations* sections detai"s of +oinery* staircases* rai"ing and standard amenities etc.* and a"" the re"evant detai"s necessary for e)ecution of wor has to be ta en u!. 0ii1 E:e=tri=): :)Co9t7 * Are!aration of e"ectrica" "ayouts showing the entire distribution system inc"uding interna" and e)terna"

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e"ectrification detai"s* designs of substation and generators etc.* 0iii1 S)nit)rC )nd ?)ter 79BB:C :)C o9t7 * 0u!!"y of "ayouts showing the above !i!e "ines as we"" as detai"ed drawings for e)ecution of wor . ()terna" system for water su!!"y and drawings arrangements* designs* of e)terna" drainage and sewerage dis!osa" systems and garbage dis!osa" system. 0iv1 Me=2)ni=): Servi=e7 * Are!aration of schematic drawings for cei"ings 5uotations from various "ift agencies and air conditioning firms. 0v1 Are!aration of schematic !ro!osa"s showing !rovision to meet re5uirements for fire fighting re"ations and 0vi1 L)nd7=)Bing dr)?ing7 * ?rawings showing areas to be "andsca!ed* water bodies etc.* -"" the re5uired detai"s shou"d be shown in the site deve"o!ment !"ans. 0d1 E7tim)te7 )nd Str9=t9r): "e7ign7* 0i1 Are!are detai"ed estimates and s!ecification for the bui"dings inc"uding a"" interna" and e)terna" services* such as* water su!!"y* sanitary* sanitary and e"ectrica". ()terna" drainage* sewerage and garbage dis!osa" systems. ?ata or item rates shou"d be wor ed out fo""owing the 003 of AC?* 3;< and A#. 0ii1 Are!are detai"ed structura" ana"ysis* designs and structura" drawings fo""owing re"evant 70 'odes. 0e1 #i; "o=9ment7* Are!are bid documents after obtaining standard form of bid documents from the University. Ten sets of bid documents sha"" be !re!ared and su!!"ied as a !art of the contract. 0>1 Site In7Be=tion* 'onsu"tants sha"" ins!ect the wor s !eriodica""y to a!!raise themse"ves of !ro!er inter!retation of designs* drawings and their im!"ementation. ?uring construction the 'onsu"tants sha"" visit the sites !eriodica""y at different stages of construction and at"east once in a month during finishing stage. The consu"tant shou"d ma e si) free visits to the sites. The actua" trave" e)!enditure for the additiona" visits as !er the re5uest wi"" be reimbursed. (. S=2ed9:e >or =omB:etion o> t)7@7* 0i1 0 etch A"ans consu"tancy. / 1% days from the date of award of 0i1

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0ii1 Are"iminary ?esigns / 1% days from the date of obtaining c"earance for the s etch !"ans. 0iii1 Cor ing drawings (fina" drawings) / 21 days from the date of a!!rova" of drawings by the University. 0iv1 (stimates and 0tructura" / 21 days from the date of designs to the wor ing drawings. 0v1 <id documents / 1% days from the date of communicating a!!rova" to the estimates and designs by the University. The above time schedu"e can be a"tered with the now"edge and !ermission of 'hief (ngineer based on ta ing fina" a!!rova" of each schedu"e. 3. Fin): O9tB9t7 0i.e.- ReBort7- "r)?ing7 et=.1 0i1 - concise designs re!ort du"y mentioning the arrangements of various com!onents of the faci"itation centre and accommodation b"oc and other (ngineering services* site deve"o!ment wor s inc"uding interna" and e)terna" amenities* such as* water su!!"y and sanitary arrangements and e"ectrica" services !rovided in the Aro+ect. Two sets of a!!roved !re"iminary drawings showings the "ayouts of furniture in the f"oor !"ans a"ong with a site deve"o!ment !"an showing the "ayout of bui"dings* interna" roads* e"ectrica"* water su!!"y* sanitary and drainage "ines etc.* Ten sets of a!!roved fina" drawings and site deve"o!ment !"ans with detai"ed cross sections and e"evations etc.* Three co!ies of detai"ed estimates* detai"ed structura" ana"ysis and design and detai"ed structura" drawings of foundations* co"umns* beams and roof etc.* Ten sets of <id documents. -dditiona" co!ies of bid documents as !er re5uirement of the 12TU#.

0ii1

0iii1 0iv1

0v1 0vi1

.. The !rogress of the wor 'onsu"tants wi"" be monitored by the review committee consisting of the fo""owing Officers. 0)1 0;1 0=1 'hief (ngineer University (ngineer Aro+ect (ngineer6?y. ()ecutive (ngineer

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5. The University has the o!tion to do by itse"f or to su!!"ement to any other agency any of the above items of there is de"ay on the !art of consu"tant in furnishing them* du"y deducting the !ayment for that item of wor . 4or any de"ays in com!"etion the tas s stated in c"ause-9 above* by the 'onsu"tants the University reserves the tight to im!ose a !ena"ty for each day of de"ay* as fo""ows 3s. %006- !er day. D. & FEES* The University agrees to !ay to the consu"tantBs fee at 1.:08 > service ta) on the origina" estimate cost* which inc"udes cost of civi" wor s* water su!!"y and sanitary* e"ectrica" wor s or ('D which ever is "ower. -rchitects fee for the -rchitectura" and (ngineering !rofessiona" services to be rendered by the -rchitects in re"ation to the said wor as sti!u"ated '"ause-9* here-in-after ca""ed the E4((0F. The fee inc"udes site visits to various cam!uses sites. D. $ The University agrees to !ay to the consu"tantBs fee at 1.2%8 > service ta) on the origina" estimate cost* which inc"udes cost of civi" wor s* water su!!"y and sanitary* e"ectrica" wor s or ('D which ever is "ess for simi"ar wor s in the same cam!us and simi"ar wor s in the other cam!us.

/. Term7 o> P)Cment. 1. -fter a!!rova" of schematic drawings ; submission of <O= for tender !ur!ose 0.T. 2. -fter a!!rova" of 0tructura" ?rawings > 0.T. 9. -fter a!!rova" of wor ing ?rawings 0.T. :. -fter a!!rova" of water su!!"y ; ?rainage* ("ectrica" ?rawings 0.T. %. -fter com!"etion of 3'' structure wor s 0.T. @. -fter com!"etion of wor 0.T. 1%8 > 208 > 208 > 1%8 > 1%8 1%8 >

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CHIEF ENGINEER

E. - users meeting wi"" be convened com!rising the fo""owing !ersonne"* so that any changes and6or deviations can be incor!orated in the !"anning stage itse"f. 0)1 'hief (ngineer 0;1 University (ngineer 0=1 Aro+ect (ngineer6?y. ()ecutive (ngineer &%. Revie? reBort7* - review committee consisting of fo""owing Officers of the University wi"" review a"" re!orts of the -rchitects (7nce!tion* !rogress* intermediate and draft fina") and suggest any modifications6changes considered necessary with in 1% days of the recei!t. 0)1 0;1 0=1 'hief (ngineer University (ngineer Aro+ect (ngineer6?y. ()ecutive (ngineer

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CHIEF ENGINEER

GENERAL CON"ITIONS OF CONTRACT &.& "e>inition7* Un"ess the conte)t otherwise re5uires* the fo""owing terms whenever used in this contract have the fo""owing meanings/ a) E-!!"icab"e Gaw/ means the "aws and any other instruments having the force of "aw in the HovernmentBs country (or in such other country as may be s!ecified)* as they may be issued and in force from time to timeI b) c) E<an F means any 2ationa"ised <an within 7ndia E'ontractF means the 'ontract signed by the Aarties* to which these Henera" 'onditions of 'ontract are attached* together with a"" the documents "isted in '"ause 7 of such signed 'ontractI d) e) f) g) h) i) +) E(ffective ?ateF means the date on which this 'ontract comes into force and effect !ursuant to the -greement. E(m!"oyerF means the 'hief (ngineer* 12TU#. E4oreign currencyF means any currency other than 7ndian 3u!ees EH''F means these Henera" 'onditions of 'ontract. EHovernmentF means the Hovernment of -.A. EGoca" currencyF means the 7ndian 3u!eesI EJemberF* in case the 'onsu"tants consist of a +oint venture of more than one entity* means any of these entities* and EJembersF means a"" of these entitiesI ) ") EAartyF means the '"ient or the 'onsu"tants* as the case may be* and Aarties means both of themI EAersonne"F means !ersons hired by the 'onsu"tants or by any 0ubconsu"tant as em!"oyees and assigned to the !erformance of the 0ervices or any !arty thereofI Eforeign Aersonne"F means such !ersons who at that time of being so hired had their domici"e outside 7ndiaI EGoca" Aersonne"F means such !ersons who at the time of being so hired had their domici"e inside 7ndiaI m) n) E0'F means the 0!ecia" 'onditions of 'ontract by which these Henera" 'onditions of 'ontract may be amended or su!!"ementedI E0ervicesF means the wor to be !erformed by the 'onsu"tants !ursuant to this 'ontract for the !ur!oses of the Aro+ect* as described in 0chedu"e of Tas sI

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CHIEF ENGINEER

o)

E0ub-'onsu"tantF means any entity to which the 'onsu"tants sub contract any !art of the 0ervices in accordance with the !rovisions of H''I and

!) 5)

EThird AartyF means any !erson or entity other than the Hovernment* the '"ient* the 'onsu"tants or a 0ub-consu"tant The consu"tants sha"" invariab"y fo""ow a"" bui"dings and design codes inc"uding 2<'* earth5ua e* fire and wind and any other sources as !rescribed by the <ureau of 7ndian 0tandards and sha"" render the services du"y adhering the !rovisions thereof in strict.

r)

The 'onsu"tants are at ob"igation to !roduce the documentary evidences of such !rovisions as and when re5uested by the (m!"oyer.

&.$ Re:)tion ;et?een t2e P)rtie7 2othing contained herein sha"" be construed as estab"ishing a re"ation of master and servant or of agent and !rinci!a" as between the '"ient and the 'onsu"tants. The 'onsu"tants* sub+ect to this 'ontract* have com!"ete charge of Aersonne" !erforming the 0ervices and sha"" be fu""y res!onsib"e for the 0ervices !erformed by them or on their beha"f hereunder. &.( L)? Governing t2e Contr)=t This 'ontract* its meaning and inter!retation* and the re"ation between the Aarties sha"" be governed by the -!!"icab"e Gaw. &.3 L)ng9)ge This 'ontract has been e)ecuted in the "anguage s!ecified in the 0'* which sha"" be the binding and contro""ing "anguage for a"" matters re"ating to the meaning or inter!retation of this 'ontract. &.. He)ding7 The heading sha"" not "imit* after or affect the meaning of this 'ontract. &.5 Noti=e7 &.5.& -ny notice* re5uest or consent re5uired or !ermitted to be given or made !ursuant to this 'ontract sha"" be in writing. -ny such notice* re5uest or consent sha"" be deemed to have been given or made when de"ivered in !erson to an authori,ed re!resentative of the Aarty to whom the communication is addressed* or when sent by registered mai"* te"e)* te"egram or facsimi"e to such Aarty at the address s!ecified in the 0'.

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CHIEF ENGINEER

&.5.$ 2otice wi"" be deemed to be effective as s!ecified in the 0'. &.5.( - !arty may change its address for notice hereunder by giving the other Aarty notice of such change !ursuant to the !rovisions "isted in the 0' with res!ect to '"ause 1.@.2. of Henera" 'onditions of 'ontract. &.D Lo=)tion The services sha"" be !erformed at such "ocations as are s!ecified in K0co!e of Cor B hereto and* where the "ocation of a !articu"ar tas is not so s!ecified* at such "ocations* as the '"ient may a!!rove. &./ A9t2oritC o> Mem;er in C2)rge 7n case the 'onsu"tants consist of a +oint venture of more than one entity* the Jembers hereby authori,e the entity s!ecified in the 0' to act on their beha"f in e)ercising a"" the 'onsu"tants rights and ob"igations towards the '"ient under this 'ontract* inc"uding without "imitation the receiving of instructions and !ayments from the '"ient. &.E A9t2oriFed ReBre7ent)tive7 -ny action re5uired or !ermitted to be ta en* and any document re5uired or !ermitted to be e)ecuted* under this 'ontract by the '"ient or the 'onsu"tants may be ta en or e)ecuted by the officia"s s!ecified in the 0'. &.&% T)6e7 )nd "9tie7 ?uring the currency of the contract deduction of income ta) at 2.008 sha"" be made from the gross va"ue of each bi"" of the contract* the contract va"ue of which is in e)cess of 3s.10*0006- for deduction of ta) at rates "ower than 2.008 !rocedure sti!u"ated under section 19:-'(:) of 7ncome Ta) -ct* 19@1 sha"" be fo""owed. 0ervice Ta) at 12.9@8 sha"" be recovered from the Hross va"ue of each bi"" of the contract other a!!"icab"e ta)es sha"" be recovered. Un"ess otherwise s!ecified in the 0!ecia" 'onditions* the 'onsu"tants sha"" !ay such ta)es* duties* fees and other im!ositions as may be "evied under the -!!"icab"e Gaw. The consu"tant fee is inc"usive of a"" a!!"icab"e service* cess and ta)es as !rescribed by the Hovernment of 7ndia. $ COMMENCEMENT- COMPLETION- MO"IFICATION & TERMINATION OF CONTRACT* $.& E>>e=tivene77 o> Contr)=t

CONSULTANTS

CHIEF ENGINEER

This 'ontract sha"" come into force and effect on the date (the E(ffective ?ateF) of the '"ientBs notice to the 'onsu"tants instructing the 'onsu"tants to being carrying out the 0ervices. This notice sha"" confirm that the effectiveness conditions* if any "isted in the 0' have been met. $.$ Termin)tion o> Contr)=t >or F)i:9re to #e=ome E>>e=tive 7f this 'ontract has not become effective within such time !eriod after the date of the 'ontract signed by the Aarties as sha"" be s!ecified in the 0!ecia" 'ondition* by not "ess than four (:) wee s written notice to the other Aarty* dec"are this 'ontract to be nu"" and void* and in the event of such a dec"aration by either Aarty* neither Aarty sha"" have any c"aim against the other Aarty with res!ect hereto. $.( Commen=ement o> Servi=e7 The 'onsu"tants sha"" abide by the time !eriod after the (ffective ?ate as s!ecified in the s!ecia" conditions fai"ing which the consu"tants stands "iab"e for !ena" action such as recommendation for cance""ation of the "icense of 'ounci" of -rchitects6Junici!a" -uthorities. $.3 E6Bir)tion o> Contr)=t Un"ess terminated ear"ier !ursuant to '"ause 2.& of Henera" 'onditions of 'ontract hereof* this 'ontract sha"" e)!ire when services have been com!"eted and a"" !ayments inc"uding !erformance security have been made at the end of such time !eriod after the (ffective ?ate as sha"" be s!ecified in the 0'. $.. Entire Agreement This 'ontract contains a"" covenants* sti!u"ations and !rovisions agreed by the Aarties. 2o agent or re!resentative of either Aarty has authority to ma e* and the Aarties sha"" not be bound by or be "iab"e for* any statement* re!resentation* !romise or agreement not set forth herein. $.5 Modi>i=)tion Jodification of the terms and conditions of this 'ontract* inc"uding any modification of the sco!e of the 0ervices* may on"y be made by written agreement between the Aarties and sha"" not be effective unti" the consent of the <an or of the -ssociation* as the case may be has been obtained. Aursuant to '"ause L.2 Henera" 'onditions hereof* however* each Aarty sha"" give due consideration to any !ro!osa"s for modification made by the other Aarty.

CONSULTANTS

CHIEF ENGINEER

$.D For=e M)<e9re $.D.& "e>inition* 4or the !ur!oses of this 'ontract* E4orce Ja+eureF means an event which is beyond the reasonab"e contro" of a Aarty* and which ma es a !artyBs !erformance of its ob"igations hereunder im!ossib"e or so im!ractica" as reasonab"y to be considered im!ossib"e in the circumstances* and inc"udes* but is not "imited to war* riots* civi" disorder* earth5ua e* fire* e)!"osion* storm* f"ood or other adverse weather conditions* stri es* "oc outs or other industria" action (e)ce!t where such stri es* "oc outs or other industria" action are within the !ower of the Aarty invo ing 4orce Ja+eure to !revent)* confiscation or any other action by government agencies. 4orce Ja+eure sha"" not inc"ude (i) any event which is caused by the neg"igence or intentiona" action of a Aarty or such AartyBs subconsu"tants or agents or em!"oyees* nor (ii) any event which a di"igent Aarty cou"d reasonab"y have been e)!ected to both (-) ta e into account at the time of the conc"usion of this 'ontract and (<) avoid or overcome in the carrying out of its ob"igations hereunder/ 4orce Ja+eure sha"" not inc"ude insufficiency of funds or fai"ure to ma e any !ayment re5uired hereunder. $.D.$ No #re)=2 o> Contr)=t The fai"ure of a Aarty to fu"fi"" any of its ob"igations hereunder sha"" not be considered to be a breach of* or defau"t under* this 'ontract in so far as such inabi"ity arises from an event of 4orce Ja+eure* !rovided that the Aarty affected by such an event has ta en a"" reasonab"e !recautions* due care and reasonab"e a"ternative measures* a"" with the ob+ective of carrying out the terms and conditions of this 'ontract. $.D.( Me)79re7 to ;e t)@en a) - Aarty affected by an event of force Ja+eure sha"" ta e a"" reasonab"e measures to remove such AartyBs inabi"ity to fu"fi"" its ob"igations hereunder with a minimum of de"ay. b) - Aarty affected by an event of 4orce Ja+eure sha"" notify the other Aarty of such event as soon as !ossib"e* and in any event not "ater than fourteen (1:) days fo""owing the occurrence of such event* !roviding

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CHIEF ENGINEER

evidence of the nature and cause of such event* and sha"" simi"ar"y give notice of the restoration of norma" conditions as soon as !ossib"e. c) The Aarties sha"" ta e a"" reasonab"e measures to minimi,e the conse5uences of any event of 4orce Ja+eure. $.D.3 E6ten7ion o> Time -ny !eriod within which a Aarty sha""* !ursuant to this 'ontract* com!"ete any action or tas * sha"" be e)tended GENERALPROVISIONS A. S,ETCH STAGE* a. To !re!are detai" s etches ; designs* ade5uate to de!ict the sa"ient features of the !ro+ect and submit the same for fina" a!!rova" of the em!"oyer based on the !re"iminary s etches submitted through 34A and se"ected by the 'hief (ngineer* 12TU#. b. To discuss the design with the em!"oyer* ma e changes in the design after discussions* if re5uired* as many times as may be necessary and get the design fina""y a!!roved by the (m!"oyer. c. 7dentify the activities invo"ved in the !rocess* which can be ta en u! immediate"y* and wor out a !rogram to be done in !hases. #. "ESIGN STAGE* i. To !re!are structura" designs and detai"ed design re!orts based on using 0taad software or any other a!!roved advanced software !ac ages. ii. To conduct soi" surveys and investigations as may be re5uired to !re!are structura" ana"ysis and designs based thereof. C. APPROVAL STAGE i. To !re!are ; submit munici!a" drawings based on a!!roved s etch designs and handover the re5uired number of !rints to the em!"oyer. ii. To !re!are and submit !"ans for 'hief ("ectrica" 7ns!ectorate to Hovt.* -A 4ire 0ervices ; a"" other such statutory a!!rova"s for the !ro!osed !ro+ect at their own cost. The statutory remittances* fees* de!osits etc.* sha"" have to be !aid by the 0uccessfu" 'onsu"tant* which wi"" be com!ensated on !roduction of Origina" 7nvoices.

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CHIEF ENGINEER

". ESTIMATE STAGE* i. To !re!are estimate for the sco!e of wor as !er the drawings a!!roved given as !er the !re"iminary s etch designs* ade5uate to de!ict the sa"ient features of the !ro+ect and submit the same for a!!rova" of the em!"oyer. The consu"tant sha"" obtain !rior a!!rova" for technica" s!ecifications being !ro!osed in the estimate stage. ii. To !re!are (stimates* detai"ed <i"" of =uantities for a"" the com!onents of the wor s "i e 'ivi"* e"ectrica"* sanitary ; water su!!"y* "andsca!ing etc. iii.To !re!are rate ana"ysis based on the concurrent 003s and submit the estimates in com!"ete sha!e for obtaining Technica" 0anction from the (m!"oyer. E. +OR,ING "RA+ING STAGE* i. To !re!are basic wor ing drawings "i e !"ans* sections and e"evations and a"" the structura" drawings in consu"tation with the (m!"oyer. ii. To !re!are detai"ed wor ing drawings for ("ectrica"* Cater su!!"y ; 0anitary "ayouts. F. CONSTRUCTION STAGE* i. To su!!"y for use of em!"oyer ten !rints each of a"" wor ing drawings. ii. To !re!are further detai"s6s etches that may be necessary for uninterru!ted construction and issue them through the em!"oyer. iii. To chec and a!!rove any sho! drawing* if so re5uired* to be made by the contractor. iv. The detai"ed dai"y su!ervision sha"" be done by the de!artmenta" (ngineers who can ta e guidance of the consu"tant. v. The consu"tant shou"d be avai"ab"e at the site during mar out of the main wor to guide the constructing agency and visit the site as and when re5uired by the em!"oyer at their own cost within the sti!u"ated si) number of visits. G. VARIATION ! CHANGES*

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CHIEF ENGINEER

The

consu"ting

architects

sha""

not

ma e

any

change

in

design6drawing* which may have any financia" im!"ication* without the !rior consent of the em!"oyer. $.D.. P)Cment7 Aayments $.D...& FEES* a. 7n consideration of the above mentioned services to be !erformed by the consu"ting architect* the em!"oyer sha"" !ay the 5uoted fee as fi)ed !ercentage on (stimated 'ontract Da"ue of each of the 'om!onent as described in section 9 of Econsu"ting servicesF as !er the !rogress of the consu"tancy wor as detai"ed in the EJode of !aymentF. b. 7n the event of non-fina"i,ation of the (stimate 'ontract Da"ue or non-materia"i,ation of Aro+ect for which the 'onsu"tancy agreement is made or in the event of termination of this contract agreement for the reasons not attributab"e to the !erformance of the consu"tant* the !ayment for consu"tancy sha"" be made stage wise as !er the schedu"e given be"ow u! to which the consu"tants have rendered com!"ete services in that !articu"ar stage based on the tentative (stimated 'ost of the !ro+ect on the concurrent 003 as fina"i,ed by the (m!"oyer. sha"" be made as !er agreed terms ; conditions communicated by ?irector* <7'0* 12TU#.

$./ Termin)tion $./.& #C t2e C:ient The '"ient may* by not "ess than thirty (90) days written notice of termination to the 'onsu"tants (e)ce!t in the event "isted in !aragra!h (f) be"ow* for which there sha"" be a written notice of not "ess than si)ty (@0) days* such notice to be given after the occurrence of any of the events s!ecified in !aragra!hs (a) through (f) of this '"ause 2.&.1 of Henera" 'onditions of 'ontract terminate this 'ontract. a) if the 'onsu"tants fai" to remedy a fai"ure in the !erformance of their ob"igations hereunder* as s!ecified in a notice of sus!ension !ursuant to

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CHIEF ENGINEER

c"ause 2.& of Henera" 'onditions of 'ontract herein above* within thirty (90) days of recei!t of such notice of sus!ension or within such further !eriod as the '"ient may have subse5uent"y a!!roved in writingI b) if the 'onsu"tants become (or* if the 'onsu"tants consist of more than one entity* if any of their members becomes) inso"vent or ban ru!t or enter into any agreements with their creditors for re"ief of debt or ta e advantage of any "aw for the benefit of debtors or go into "i5uidation or receivershi! whether com!u"sory or vo"untaryI c) if the 'onsu"tants fai"s to com!"y with any fina" decision reached as a resu"t of arbitration !roceedings !ursuant to '"ause & of Henera" 'onditions of 'ontract hereofI d) if the 'onsu"tants submit to the '"ient a statement which has a materia" effect on the rights* ob"igations or interests of the '"ient and which the 'onsu"tants now to be fa"seI e) if* as the resu"t of 4orce Ja+eure* the 'onsu"tants are unab"e to !erform a materia" !ortion of the 0ervices for a !eriod of not "ess than si)ty (@0) daysI or f) g) if the c"ient* in its so"e discretion and for any reason whatsoever* decides to terminates this contract. 7f the 'onsu"tant* in the +udgment of the '"ient has engaged in corru!t or fraudu"ent !ractices in com!eting for or in e)ecuting the 'ontract* for the !ur!ose of this '"ause/ E'orru!t !racticeF means the offering* giving* receiving or so"iciting of anything of va"ue to inf"uence the action of a !ub"ic officia" in the se"ection !rocess or in contract e)ecution. Efraudu"ent !racticeF means a misre!resentation of facts in order to inf"uence a se"ection !rocess or the e)ecution of a contract to the detriment of the <orrower* and inc"udes co""usive !ractice among consu"tants (!rior to or after submission of !ro!osa"s) designed to estab"ish !rices at artificia" non-com!etitive "eve"s and to de!rive the <orrower of the benefits of free and o!en com!etition. $./.$ #C t2e Con79:t)nt7 The 'onsu"tants may* by not "ess than thirty (90) days written notice to the '"ient* such notice to be given after the occurrence of any of the

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CHIEF ENGINEER

events s!ecified in !aragra!hs (a) through (d) of this '"ause 2.&.1 of Henera" 'onditions of 'ontract terminate this 'ontract. a) if the c"ient fai"s to !ay any money due to the consu"tants !ursuant to this contract and not sub+ect to dis!ute !ursuant to '"ause & hereof within forty-five (:%) days after receiving written notice from the consu"tants that such !ayment is overdueI b) if the c"ient is in materia" breach of its ob"igation !ursuant to this contract and has not remedied the same within forty five (:%) days (or such "onger !eriod as the consu"tants may have subse5uent"y a!!roved in writing ) fo""owing the recei!t by the c"ient of the consu"tants notice s!ecifying such breachI c) if* as the resu"t of 4orce Ja+eure* the 'onsu"tants are unab"e to !erform a materia" !ortion of the services for a !eriod of not "ess than si)ty (@0) daysI or d) if the c"ient fai"s to com!"y with any fina" decision reached as a resu"t of arbitration !ursuant to '"ause & of Henera" 'onditions of 'ontract hereofI $./.( Ce77)tion o> Rig2t7 )nd O;:ig)tion7 U!on termination of this 'ontract !ursuant to '"auses 2.2 or 2.& of Henera" 'onditions of 'ontract hereof* or u!on e)!iration of this 'ontract !ursuant to '"ause 2.: of Henera" 'onditions of 'ontract hereof* a"" rights and ob"igations of the !arties hereunder sha"" cease* e)ce!tI 0uch rights and ob"igations as may have accrued on the date of termination or e)!irationI The ob"igation of confidentia"ity set forth in '"ause 9.1 of Henera" 'onditions of 'ontract hereofI The consu"tants ob"igation to !ermit ins!ection* co!ying and auditing of their accounts and records set forth in '"ause 9.: of Henera" 'onditions of 'ontract and -ny right which a Aarty may have under the -!!"icab"e Gaw. (.& Con>identi):itC* The 'onsu"tants* their sub-consu"tants and the Aersonne" of either of them sha"" not* either during the term or within two (2) years after the e)!iration of this 'ontract* disc"ose any !ro!rietary or confidentia"

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CHIEF ENGINEER

information re"ating to the Aro+ect* the 0ervices* this 'ontract or the '"ientBs business or o!erations without the !rior written consent of the '"ient. (.$ Li);i:itC o> t2e Con79:t)nt7* 0ub+ect to additiona" !rovisions* if any* set forth in the 0'* the 'onsu"tantBs "iabi"ity under this 'ontract sha"" be as !rovided by the -!!"icab"e Gaw. $.( Con79:t)nt7 A=tion7 reG9iring =:ientH7 Brior )BBrov): The 'onsu"tants sha"" obtain the c"ientBs !rior a!!rova" in writing before ta ing any of the fo""owing actions/ a) b) a!!oint such members of the Aersonne" as are "isted in K4orm $ 7DB (E'onsu"tantBs sub-consu"tants and Key Aersonne")I entering into a sub-contract for the !erformance of any !art of the 0ervices* it being understood (7) that the se"ection of the sub-consu"tant and the terms and conditions of the sub-contract sha"" have been a!!roved in writing by the c"ient !rior to the e)ecution of the subcontract* (ii) that the consu"tants sha"" remain fu""y "iab"e for the !erformance of the 0ervices by the sub-consu"tant and its Aersonne" !ursuant to this contractI and (iii) sha"" !ermit the <an to ins!ect the 'onsu"tantBs accounts and records re"ating to the !erformance of the 'onsu"tant and to have them audited by auditors a!!ointed by the <an if so re5uired by the <an . c) -ny other action that may be s!ecified in the 0'. The 'onsu"tants sha"" submit to the '"ient the re!orts and documents s!ecified in 34A ?ocuments hereto* in the form* in the numbers and within the time !eriods set forth in the 0chedu"e for 'om!"etion of Tas s. (.. "o=9ment7 BreB)red ;C t2e Con79:t)nt7 to ;e t2e BroBertC o> t2e =:ient -"" !"ans* drawings* s!ecifications* designs* re!orts* other documents and software !re!ared by the 'onsu"tants for the c"ient under this contract sha"" become and remain the !ro!erty of the c"ient* and the consu"tants sha""* not "ater than u!on termination or e)!iration of this contract de"iver a"" such documents to the c"ient* together with a detai"ed inventory thereof. The consu"tants may retain a co!y of such (.3 ReBorting o;:ig)tion7

CONSULTANTS

CHIEF ENGINEER

documents and software.

3estrictions about the future use of these

documents and software* if any sha"" be s!ecified in the 0'. (.5 EG9iBment )nd m)teri): >9rni72ed ;C t2e C:ient (5ui!ment and materia"s made avai"ab"e to the consu"tants by the c"ient* or !urchased by the consu"tants with funds !rovided by the c"ient* sha"" be the !ro!erty of the c"ient and sha"" be mar ed according"y. U!on termination or e)!iration of this contract* the consu"tants sha"" ma e avai"ab"e to the c"ient an inventory of such e5ui!ment and materia"s and sha"" dis!ose of such e5ui!ment and materia"s in accordance with the c"ientBs instructions. Chi"e in !ossession of such e5ui!ment and materia"s* the consu"tants* un"ess otherwise instructed by the '"ient in writing* sha"" insure them at the e)!ense of the c"ient in an amount e5ua" to their fu"" re!"acement va"ue. 3 CONSULTANTS PERSONNEL 3.& Gener): The 'onsu"tants sha"" em!"oy and !rovide such 5ua"ified and e)!erience !ersonne" as are re5uired to carry out the services. 3.$ a) "e7=riBtion o> Ber7onne: The tit"es* agreed +ob descri!tions* minimum 5ua"ification and estimated !eriods* of engagement in the carrying out of the services of each of the 'onsu"tantBs Key Aersonne" are described in K4orm - 7DB. 7f any of the Key !ersonne" has a"ready been a!!roved by the c"ients his6her name is "isted as we"". b) 7f re5uired to com!"y with the !rovisions re"evant of '"auses of this 'ontract* ad+ustments with res!ect to the estimated !eriods of engagement of Key Aersonne" set forth in K4orm - 7DB may be made by the 'onsu"tants by written notice to the '"ient* !rovided (7) that such ad+ustments sha"" not a"ter the origina""y estimated !eriod of engagement of any individua" by more than 108 or one wee * whichever is "arger* and (ii) that the aggregate of such ad+ustments sha"" not cause !ayments under this 'ontract to e)ceed the cei"ings set forth in '"ause @.1 (b) of Henera" 'onditions of 'ontract of this 'ontract. -ny other such ad+ustments sha"" on"y be made with the '"ientBs written a!!rova".

CONSULTANTS

CHIEF ENGINEER

c)

7f additiona" wor is re5uired beyond the sco!e of the 0ervices s!ecified in K0co!e of Cor B* the estimated !eriods of engagement of Key Aersonne" set forth in K4orm - 7DB may be increased by agreement in writing between the c"ient and the 'onsu"tants* !rovided that any such increase sha"" not* e)ce!t as otherwise agreed* cause !ayments under this 'ontract to e)ceed the cei"ings set forth.

3.(

ABBrov): o> Per7onne:* The Key Aersonne" and 0ub-consu"tants "isted by tit"e as we"" as by name in K4orm - 7DB are hereby a!!roved by the c"ient. 7n res!ect of other Key Aersonne" which the consu"tants !ro!ose to use in the carrying out of the 0ervices* the 'onsu"tants sha"" submit to the c"ient for review and a!!rova" a co!y of their biogra!hica" data and (in the case of !ersonne" to be used within the country of the Hovernment). ey 7f the

'"ient does not ob+ect in writing (stating the reasons for the ob+ection) within twenty-one (21) ca"endar days from the date of recei!t of such biogra!hica" data and (if a!!"icab"e) such certificate* such ey !ersonne" sha"" be deemed to have been a!!roved by the c"ient. 3.3 Remov): )nd ! or ReB:)=ement o> Per7onne: a) ()ce!t as the '"ient may otherwise agree* no changes sha"" be made in the Key !ersonne". 7f* for any reason beyond the reasonab"e contro" of the 'onsu"tants* it becomes necessary to re!"ace any of the Aersonne"* the consu"tants sha"" forthwith !rovide as a re!"acement a !erson of e5uiva"ent or better 5ua"ified. b) 7f the '"ient (i) finds that any of the Aersonne" has committed serious misconduct or has been charged with having committed a crimina" action* or (ii) has reasonab"e cause to be dissatisfied with the !erformance of any of the !ersonne"* then the consu"tants sha""* at the c"ientBs written re5uest s!ecifying the grounds therefore* forthwith !rovide as a re!"acement a !erson better 5ua"ified and e)!erience acce!tab"e to the '"ient. c) -ny of the Aersonne" !rovided as a re!"acement under '"auses (a) and (b) above* the rate of remuneration a!!"icab"e to such !erson* the consu"tant sha"" borne a"" such remuneration at his own cost. 3.. Re7ident Pro<e=t M)n)ger

CONSULTANTS

CHIEF ENGINEER

7f re5uired by the 0'* the 'onsu"tants sha"" ensure that at a"" times during the 'onsu"tantBs !erformance of the 0ervices in the HovernmentBs country a resident !ro+ect manager* acce!tab"e to the '"ient* sha"" ta e charge of the !erformance of such 0ervices. . O#LIGATIONS OF THE CLIENT ..& A77i7t)n=e )nd E6emBtion7 Un"ess otherwise s!ecified in the 0'* the '"ient sha"" use its best efforts to ensure that the Hovernment sha""/ a) !rovide the 'onsu"tants* 0ub-consu"tants and Aersonne" with wor !ermits and such other documents as sha"" be necessary to enab"e the 'onsu"tants* 0ub-consu"tants or Aersonne" to !erform the 0ervicesI b) -ssist the 'onsu"tants and the Aersonne" and any 0ub-consu"tants em!"oyed by the 'onsu"tants for the 0ervices from any re5uirement to register or obtain any !ermit to !ractice their !rofession or to estab"ish themse"ves either individua""y or as a cor!orate entity according to the -!!"icab"e GawI c) Arovide to the 'onsu"tants* 0ub-consu"tants and Aersonne" any such other assistance as may be s!ecified in the 0'. ..$ A==e77 to Site The '"ient warrants that the 'onsu"tants sha"" have* free of charge* unim!eded access to the !ro!osed site in the HovernmentBs country in res!ect of which access is re5uired for the !erformance of the 0ervices. The 'onsu"tant wi"" be res!onsib"e for any damage to such "and or any !ro!erty thereon resu"ting from such access and wi"" indemnify the '"ient and each of the Aersonne" in res!ect of "iabi"ity for any such damage* un"ess such damage is caused by the defau"t or neg"igence of the 'onsu"tants or any sub-consu"tant or the Aersonne" of either of them. ..( C2)nge in t2e ABB:i=);:e L)?* 7f* after the date of this 'ontract* there is any change in the -!!"icab"e Gaw with res!ect to ta)es and duties which increased or decreases the cost or reimbursab"e e)!enses incurred by the 'onsu"tants in !erforming the 0ervices* then the remuneration and reimbursab"e e)!enses otherwise !ayab"e to the 'onsu"tants under this 'ontract sha"" be increased or decreased according"y by agreement between the Aarties hereto* and corres!onding ad+ustments sha"" be made to the cei"ing

CONSULTANTS

CHIEF ENGINEER

amounts s!ecified. -ny change in the a!!"icab"e "aw during the currency of the agreement henceforth wi"" be a!!"icab"e ..3 P)Cment 7n consideration of the 0ervices !erformed by the 'onsu"tants under this contract* the '"ient sha"" ma e to the 'onsu"tants such !ayments and in such manner as is !rovided E("sewhereF of this contract. 5 FAIRNESS AN" GOO" FAITH 5.& Good F)it2 The Aarties underta e to act in good faith with res!ect to each otherBs rights under this 'ontract and to ado!t a"" reasonab"e measures to ensure the rea"i,ation of the ob+ectives of this contract. 5.$ OBer)tion o> t2e Contr)=t The Aarties recogni,e that it is im!ractica" in this 'ontract to !rovide for every contingency which may arise during the "ife of the 'ontract* and the Aarties hereby agree that it is their intention that this 'ontract sha"" o!erate fair"y as between them* and without detriment to the interest of either of them* and that* if during the term of this 'ontract either Aarty be"ieves that this 'ontract is o!erating unfair"y* the Aarties wi"" use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness* but no fai"ure to agree on any action !ursuant to this '"ause sha"" give rise to a dis!ute sub+ect to arbitration in accordance with '"ause H' & hereof. D SETTLEMENT OF "ISUPUTES D.& Ami=);:e Sett:ement The Aarties sha"" use their best efforts to sett"e amicab"y a"" dis!utes arising out of our in connection with this 'ontract or the inter!retation thereof. #owever* e)ce!t as otherwise !roviding in the contract* any dis!utes and differences arising out of or re"ating to the contract sha"" be referred to ad+udication as fo""ows/ ). Sett:ement o> ):: =:)im7 9B to R7..%-%%%!' in v):9e )nd ;e:o? ;C ?)C o> )r;itr)tion to ;e re>erred )7 >o::o?7* '"aims u! to 3s.10*0006- in va"ue '"aims above 3s.10*0006- and u! to %0*0006- in va"ue 'hief (ngineer* 12TU# . 'hief (ngineer (3;<) ='

CONSULTANTS

CHIEF ENGINEER

;. Sett:ement o> ):: =:)im7 );ove R7..%-%%%!' in v):9e -"" c"aims above 3s.%0*0006- in va"ue sha"" be decided by the 'ivi" 'ourt of com!etent +urisdiction by way of regu"ar civi" suit and not by arbitration. /. Ar;itr)tion The arbitration !roceedings wi"" be conducted in accordance with the !rovisions of the -rbitration -ct* 19:0 and as amended from time to time. The arbitrator sha"" invariab"y give reasons in the award. - reference for ad+udication under this c"auses sha"" be made by either !arty to the contract within si) months from the date of intimating the contractor of the !re!aration of fina" bi"" or his having acce!ted !ayment which ever is ear"ier.

CONSULTANTS

CHIEF ENGINEER