Volume I

Conditions
Delay damages for the Works Maximum amount of delay damages Total advance payment Timing of Advance Payment Interest on Advance Payment

MB Power (MP) Ltd

Reference to GCC
8.7 & 14.15(b) 8.7 14.2 14.2 14.2

Data
0.5% per week of the total contract price or part thereof. 10% (ten percent) of the Contract Price. As per Foot Note A : As per Foot Note A : Nil

Percentage of Retention Money Limit of Retention Money Plant and Materials

14.3 14.3 4.20.1 14.5 (c) (i)

Nil Nil Following materials are to be issued free of cost 1. Nil (i) rail (ii) sleepers (iii) Steel component and copper cables for OHE (iv) Turnout, crossings, glued joints, SEJ (v) S & T Cables (vi) Reinforcement steel (vii) Structural steel and bearing for bridges (viii) Any other item as decided by the Engineer INR 100 Lakhs for first three months of the Time of completion and INR 3 Crores for rest of the period. Accepted Contract Amount a) 14 days b) 28 days NIL 1 crs. 18.2

Plant and Materials intended for the Works

Minimum Amount of Interim Payment Certificates Maximum Total Liability of the Contractor Periods for submission of insurance: a) evidence of insurance b) relevant policies Maximum amount of deductibles for insurance of Employers risks. Minimum amount of insurance by the Contractor for Contractors Plant and Materials including loss or damage to equipment. Minimum amount of insurance by the Contractor for Third party insurance including damage to Other Property and personal injury or death insurance for Contractors Employees.

14.6 17.6 18.1

18.2 (d)

18.3

Rs.50 (two) lakhs per occurrence without any limit for number of occurrences.

Payment terms:-

A. I. a)

For Supply Items

5% (five percent) of the Contract Price of supplies shall be paid as advance on: Unconditional Acceptance of Letter of Award (LoA) / Work Order (WO) within 5 days from the date of issue of LoA / WO. b) Submission of Invoice (1 set of original + 2 copies).

Section 7 - Particular Conditions of Contract (Part A)

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18. Insurance

MB Power (MP) Ltd

18.1 General Requirements for Insurances

The Contractor shall at its sole cost, effect and maintain Contractors All Risk insurance cover before commencement of the work: In respect of the supplies, goods, materials and equipment brought on Site by it or received at the Site and handed over to the Contractor in its capacity as bailee of such materials from the time of the same is brought or received at Site until Take Over; (e) In respect of Works done by it and its Sub-Contractors upto Take Over;:- against all risks (including without limitation risks of terrorists act, war fire, earthquake, burglary, machinery breakdown, strike, riots and civil commotion) for one hundred and ten per cent (110%) of the replacement value (including all taxes, duties, levies and all other costs) in respect of aforesaid materials or Works in the joint names of itself, the Owner and the Financing Parties. The Contractor shall provide to the Owner copies of the insurance policies obtained by it for the performance of Works under this Contract The insurance policies should be obtained in Rupees only.

Section 6 General Conditions of Contract

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18.2 Insurance for Contractors Equipment

MB Power (MP) Ltd

The Contractor shall insure the his Plant, Materials, including those issued by the Employer (if any) and Contractors Documents for 110% of reinstatement cost including the costs of demolition, removal of debris and professional fees and profit, subject to a maximum value indicated in Contract Data. This insurance shall be effective from the date by which the evidence is to be submitted under subparagraph (a) of Sub-Clause 18.1 [General Requirements for Insurances], until the date of issue of the Taking-Over Certificate for the Works. The Contractor shall maintain this insurance to provide cover until the date of issue of the Performance Certificate, for loss or damage for which the Contractor is liable arising from a cause occurring prior to the issue of the Taking-Over Certificate, and for loss or damage caused by the Contractor in the course of any other operations (including those under Clause 11 [Defects Liability]). The Contractor shall insure the Contractors Equipment for not less than the full replacement value (+10%), including delivery to Site. For each item of Contractors Equipment, the insurance shall be effective while it is being transported to the Site and until it is no longer required as Contractors Equipment. Unless otherwise stated in the Special Conditions of Contract, insurances under this Sub-Clause:

(a) (b)

shall be effected and maintained by the Contractor, shall cover all loss and damage from any cause not listed in Sub-Clause 17.3 [Employers Risks],

18.3 Insurance against Injury to Persons and Damage to Property

The Contractor shall insure against each Contractors liability for any loss, damage, death or bodily injury which may occur to any physical property (except things insured under Sub-Clause 18.2 [Insurance for Contractors Equipment]) or to any person (except persons insured under Sub-Clause 18.4 [Insurance for Contractors Personnel]), which may arise out of the Contractors performance of the Contract and occurring before the issue of the Performance Certificate. This insurance shall be for a limit per occurrence of not less than the amount stated in the Contract Data, with no limit on the number of occurrences. If an amount is not stated in the Contract Data, this SubClause shall not apply. Unless otherwise stated in the Special Conditions of Contract, the insurances specified in this Sub-Clause: (a) shall be effected and maintained by the Contractor,

18.4 Insurance for Contractors Personnel

The Contractor shall effect and maintain insurance against liability for claims, damages, losses and expenses (including legal fees and expenses) arising from injury, sickness, disease or death of any person employed by the Contractor or any other of the Contractors Personnel. The Employer and the Engineer shall also be indemnified under the policy of insurance, except that this insurance may exclude losses and claims to the extent that they arise from any act or neglect of the

Section 6 General Conditions of Contract

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MB Power (MP) Ltd

Employer or of the Employers Personnel. The insurance shall be maintained in full force and effect during the whole time that these personnel are assisting in the execution of the Works. For a Subcontractors employees, the insurance may be effected by the Subcontractor, but the Contractor shall be responsible for compliance with this Clause.

19.

Force Majeure

Force Majeure Event shall mean an event or circumstance beyond the reasonable control of the Owner or the Contactor which could not have been foreseen, prevented or mitigated by such Party using its reasonable diligence and which makes it impossible for such Party to perform the whole or in part its obligations under the Contract, provided that such event or circumstance is limited to:

(i)

Act of God;

(ii) An act of war, (whether declared or undeclared) hostilities,

invasion, acts of terrorism, armed conflict or an act of foreign enemies, blockade, embargo, revolution or military action;

(iii) Contamination by radio-activity from any nuclear fuel, or

form any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties;

(iv) Riot, civil commotion, terrorism, disorder or sabotage,

unless solely restricted to or caused by employees of the Contractor or Sub-Contractors;

(v) Natural or regional industrial disputes or targeted disputes

which are part of national or regional campaign and which is not reasonably within the powers of a Party to prevent, or which is not specific to the Contractors or SubContractors; and

(vi) in relation to the Owner, any event of force majeure under

any of the other Project Documents or any in respect of any Related Works. Effect of Force Majeure Event Neither the Employer nor the Contractor shall be considered in default or in contractual breach to the extent that performance of obligations is prevented by a Force Majeure Event, which arises after the Effective Date. An extension of time shall be granted to the Contractor only to the extent the Contractor proves to the Owner;

(i)
Section 6 General Conditions of Contract

The performance of the Works is actually and necessarily

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