ADDENDUM NO. 1 TO TENDER NO.

BHB-011/2024 – MARINE RISK

ASESSMENT (MRA) CONSULTANCY SERVICE FOR LAY-UP, BUNKERING,
SHIP-TO-SHIP (SST) TRANSFERS AND LIGTHERING OPERATION WITHIN
SAMALAJU PORT WATERS

---------------------------------------------------------------------------------------------

ACKNOWLEDGEMENT OF

ADDENDUM NO.1

To : Bintulu Port Holdings Berhad

P.O Box 996
97008 Bintulu

(Attn: General Manager, Group Procurement)

Dear Sir/Madam,

We hereby acknowledge receipt of Addendum No. 1 as per Appendix I and certify that all
enclosures referred therein are received.

………………………………………………………
Authorised Signature & Company’s Chop

Date : …………………………………

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 Appendix I

TERM OF REFERENCE

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 TENDER NO.BHB-011/2024 – MARINE RISK ASESSMENT (MRA)
CONSULTANCY SERVICE FOR LAY-UP, BUNKERING, SHIP-TO-SHIP
(SST) TRANSFERS AND LIGTHERING OPERATION WITHIN SAMALAJU
PORT WATERS

1.0 DEFINITIONS

In this Term of Reference (TOR), the following words and expressions shall have the
same meanings herein assigned to them except where the context otherwise
requires:

a) “THE COMPANY”: refers to Bintulu Port Holdings Berhad’s Group (BPHBG)

consist of Bintulu Port Holdings Berhad (BPHB), Bintulu Port Sdn. Bhd.
(BPSB), Samalaju Industrial Port Sdn, Bhd. (SIPSB) and Biport Bulkers Sdn.
Bhd.(BBSB).

b) “CONTRACT”: the signed agreement entered into by the parties for the
services, including all attachments thereto and all documents incorporated
therein. All these documents taken together shall be deemed to form one
contract and shall be complementary to one another.

c) “CONSULTANT”: the Party with whom BPHBG concludes the contract and
shall include his or their heirs, executors, administrators, assigns, successors,
and duly appointed representatives.

d) “PARTY” or “PARTIES”: SIPSB and/or the Consultant, as the context

rhbequires.

e) “SITE” or “PREMISES”: the lands and other places on, under, in or through
which the services designed by the SIPSB are to be executed and any other
lands and places provided by SIPSB for working space or any other purposes
as may be specifically designated in the contract as forming part of the site or
premises.

f) “SERVICES” shall mean the scope of services to be provided, performed or

carried out in accordance with the scope of this Contract.

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2.0 INTRODUCTION

2.1 SIPSB is a wholly owned subsidiary of BPHB, and the sole authorized port
operator for Samalaju Industrial Port since April 2014, as licensed by the
Samalaju Port Authority (SPA).

2.2 SPA is the regulating body under the jurisdiction of the Ministry of Infra
Structure and Port Development (MIPD). SPA was established on 7th
October 2010 under Section 3 of the Port Authorities Ordinance, 1961.
Their roles is to regulate and facilitate rules and policies on the new
port development located strategically within a vast industrial estate at the
Samalaju Industrial Park (“SIP”). Samalaju is well equipped with
comprehensive facilities and a huge land bank for future expansion. The
port is poised to be the catalyst in promoting international trade by facilitating
industrial and commercial activities which directly assist the economic
progress of Samalaju and Sarawak in general. Samalaju Port main business
is to provide port facilities and marine services for the heavy industries within
SIP. With an access channel of about 14 meters, Samalaju Port is determined
to play its role as the economic catalyst for the central region of Sarawak.
Samalaju Port is an important industrial port that links Sarawak's central
region trade to the rest of the world. It is a key player in the development of
trade not only for Sarawak's economy but for Malaysia as a whole and serves
as an important industrial port for the country.

2.3 Samalaju Port is a purpose-built port catering primarily to the energy-intensive

industries located at SIP. The port will play a vital role in facilitating regional
economic growth and deliver significant economic benefits to the region.

2.4 The port development has been identified to be one of the key success factors
to facilitate Sarawak Corridor of Renewable Energy (SCORE) development.
The port facilities have been identified by the potential investors as a major
consideration to invest in SIP Heavy industries need to be located near the
port to ensure efficiency in material handling.

2.5 Located on the South China Sea and traversed by some distant off the world’s
busiest shipping lanes, Samalaju Industrial Port has officially started its
operation in April 2014. With a total area of 393 hectares, SIPSB is compatible
and able to meet the needs of developed and developing industries in
Samalaju. The port is positioned to become a key for success of the
SCORE. Thus, it will play a vital role in facilitating and managing the needs of
the industries in SCORE.

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3.0 OBJECTIVE OF STUDY

With huge water limits or four anchorages, it has provided huge potential to
generate extra activities or new marine businesses. The management of SIPSB
has identified potential businesses like Lay-up, Bunkering services at sea/STS
operations and lightering activities within the Samalaju port water limits. Therefore,
it is justified to conduct a detailed study on new frontier of port or marine
businesses.

4.0 SCOPE OF STUDY

4.1 The Consultant shall prepare the scoping, preparation and submission of the
Terms of Reference to SIPSB including mobilisation, commencement of study,
data collection site survey and review of related Navigation Chart within the
study area.

4.2 The Consultant shall execute the Marine Risk Assessment (MRA) without
touching on Financial Risk, but including Hazard Identification Study (HAZID)
and Hazard of Operation (HAZOP), as per IMO guidelines and the Malaysian
Standard IEC/ISO 31010:2011 – Risk Management – Risk Assessment
Techniques, including but not limited to:

a. To identify and propose the best areas for the various types of Lay Up,
Bunkering at Sea/Ship to Ship (STS) and Lightering activities on difference
types of vessels that are expected to Lay Up and STS Operation within
Samalaju Port water limits;

b. To identify and spell out all the pre-requirements including national and
international statutory rules and regulations and or other compliances that
have to be fulfilled for Lay Up, Bunkering at sea /STS operation and
Lightering activities;

c. To obtain and analyse historical weather and sea conditions data,

recommending the operational limitations for Lay Up, Bunkering at
Sea/STS activities and Lightering activities in Samalaju Port Limits;

d. To obtain and analyse historical and future traffic conditions within and
Outside Port Limit (OPL) of the Samalaju Port Limits. To recommend the
maximum number of Lay Up vessels allowable and the best method to
carry out Bunkering at Sea/STS operation and Lightering activities within
or at OPL of Samalaju Port Limits;

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 e. To study the readiness or preparedness of various back up services i.e.
Ship Care or husbandry services in Samalaju Port areas and also to identify
areas for improvement;

f. To identify all risks, roles and responsibilities/liabilities of when conducting

Bunkering at Sea/STS and Lightering activities. To recommend ways to
ensure seamless and safe double banking and transfer of cargo;

g. Determine the best working system for the Pilot or Person Overall Advisory
Capacity (POAC), including pre-requisites (training, qualifications, etc.) and
his/her responsibilities;

h. Identification of credible navigation and environmental hazards that may

arise as a result of establishing the laid-up anchorage, and potential impact
on all existing vessel traffic to and from Samalaju Port; and

i. Execution of a hazard analysis of the identified operational hazards of Lay

Up, Bunkering/STS operation and Lightering activities.

4.3 The Consultant shall address any risks or hazards via risk control options and
recommendations for decision-making.

4.4 The Consultant shall arrange necessary meetings with key stakeholders,
Samalaju Port and other relevant Authorities to review, refine (if needed) and
finalise necessary mitigation measures.

4.5 The Consultant shall provide justification to have Lay-Up, Bunkering Services
at Sea/ STS and Lightering activities within Samalaju Port Limits.

4.6 The Consultant shall present the HAZID & HAZOP results/mitigation measures
to SIPSB and any relevant Authorities. Identify and Rate the Risk together with
Risk Mitigation Measures.

4.7 The Consultant shall prepare and submit six (6) copies of MRA Reports,
structured as follows but not limited to:-

a. Review of the existing rules, procedures and standards related to Lay Up,
Bunkering/STS operation and Lightering activities

b. Identify suitable anchorage areas (Locations) and determine the optimum

number allowed to Lay Up, Bunkering/STS operation and Lightering
activities in the Port Limits. Propose Suitable Lay Up areas for various types
of vessels with reference to sufficient water depth.

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c. Identify the maximum allowable operational weather and sea conditions for
Lay Up, Bunkering Services/STS operation and Lightering activities.

d. Determine suitable Emergency Shelter Areas from extreme winds, strong

current and swell in accordance to the seasonal weather conditions.

e. Tabulate optimum anchor size and types, adequate anchor holding power
(seabed characteristics) for various Lay Up vessels.

f. Propose suitable bunkering at sea/STS areas for various sizes of ships with
reference to their cargoes and weather conditions.

g. Identify best number and best types/sizes of the fenders required for
Bunkering Services at sea/STS operation in Bintulu Port.

h. For STS operation, identify the minimum safety clearances or CPA from
other vessels.

i. To recommend minimum ship anchoring capabilities and equipment for Lay

Up, Bunkering Services at sea/STS operations and Lightering activities.

j. To study and identify areas to develop Ship Care and Husbandry Services
for Lay-Up, Bunkering Services/STS operations and Lightering activities.

k. To assess the vessel approach routes or corridors and identify the key
hazards and sensitivities areas or routes.

l. To determine the minimum manning requirements for each type of Lay Up.

m. ERP Plan for Lay-Up, Bunkering Services/STS operation and Lightering

activities.

n. Develop or review existing STS manual.

o. Perform 3D shiphandling simulation runs to identify the maximum allowable

operational weather and sea conditions for Lay-Up, Bunkering
Services/STS operation and Lightering activities. A maximum of six
individuals from BPSB and SIPSB will be present to observe these
simulation runs. The expenses associated with BPSB and SIPSB staff
attending this simulation will be covered by BPSB and SIPSB.

p. Key Recommendations and Risk Control Measures.

q. Key Conclusions.

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5.0 DURATION OF CONTRACT

The duration for this Contract is for a period of twelve (12) weeks effective
from the date of notice to commence services.

6.0 THE TECHNICAL PROPOSAL

The Consultant is required to submit the following in their Technical

‘Proposal:-

6.1 THE APPROACH AND METHODOLOGY OF THE STUDY (Appendix I-A).

To provide a comprehensive study approach and methodology that
encompasses but is not limited to, the scope of study outlined in Paragraph 4.0
above. The approach and methodology shall include at least and not limited to
the following: -
• Feasibility Study;
• Desk Research or Desktop Review;
• Risk & Hazard Assessment; and
• Shiphandling Simulation.

These documents shall be included as Appendix I-A

6.2 PROJECT TEAM (Appendix I-B)

To Include but not limited to the following:-
a. Organization Chart
b. Function of each critical position.
• Master Mariner cum Project Manager
• Maritime Risk Assessor
• Technical / Engineering Consultant
• STS Pilot / POAC
• Simulation Personnel (Ship or Tugboat Master)
c. CV of the key project team members. To include the following information
and attach the relevant certifications:-
• Proposed Position/Designation:
• Name of Staff: [Insert full name]:
• Date of Birth:
• Nationality:
• Education: [Indicate college/university and other specialized
education of staff member, giving names of institutions, degrees
obtained, and dates of obtainment.]:
• Membership of Professional Associations:
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 • Other Training:
• Countries of Work Experience: [List countries where staff has
worked in the last ten years and the staff have equal or more than
10 years experience in the position as stated in 5.2(b) above]:
• Detailed Tasks Assigned [List all tasks to be performed under this
Assignment/Job]:
• Work undertaken that best illustrates capability to handle the tasks
based on their position.

6.3 SHIPHANDLING SIMULATION EQUIPMENT (Appendix I-C).

Details of the simulation equipment (Simulator) including photos of the equipment.
The simulation equipment used must be a full mission ship simulator.

6.4 PROJECT TIMELINE. (Appendix I-D)

Detailed schedule of the project. The schedule of the project must be within 10-12
weeks.

6.5 RELEVANT WORK EXPERIENCE (Appendix I-E)

To provide at least ten (10) lists of relevant and similar work/experience
undertaken by the bidder during the last 10 years. This list should include the
following details:

a. Client Name
b. Project Title and Description
c. Period of Contract
d. Value of Contract

7.0 FINANCIAL PROPOSAL

7.1 The man-month rate for each of the professional employed in the study,
breakdown of the time input based on man-day rates.

7.2 An estimate of the total cost of the services inclusive of accommodation,

travelling, transportation, reports, drawings, office expenses and other
expenses related to this service. All fees and remunerations are to be Ringgit
Malaysia (RM).

7.3 The latest three (3) months Bank Statement and the latest 3 years Audited
Account.

7.4 The technical and financial proposal shall remain valid for 120 days from
the bid closing date.

7.5 The Consultant is required to fill the “Form of Tender”, “Unpriced Bill of
Quantities” and the “Bill of Quantities” attached to the Terms of Reference.
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All the proposal shall be submitted in a sealed envelope clearly marked the Tender
Number and Tender Title as follows:

TENDER NO.: BHB-011/2024 – MARINE RISK ASESSMENT (MRA)

CONSULTANCY SERVICE FOR LAY-UP, BUNKERING, SHIP-TO-SHIP (SST)
TRANSFERS AND LIGTHERING OPERATION WITHIN SAMALAJU PORT
WATERS

The envelope shall be addressed to as shown below: -

GROUP PROCUREMENT
1st Floor, Administration Building
BINTULU PORT HOLDINGS BERHAD
Lot 15, Block 20, Kemena Land District
Jalan Tanjung Kidurong
P O Box 996, 97008 BINTULU
(Attention: Group Procurement)

8.0 PRICE TO BE INCLUSIVE

8.1 All unit rates or rates stated in the Bill of Quantities shall remain firm and
fixed throughout the duration of this contract and any extension periods
thereto. These rates shall be applicable to any days of the year.

8.2 Prices/rates shall not be subjected to change for any reason, whatsoever
including, but not limited to, cost escalation, currency fluctuation, and rise and
fall in the cost of labor or any other matters contained in the contract.

8.3 All personnel rates in this contract shall also be applicable to any day of week,
regardless of weekdays and holiday.

8.4 The rates shall include all cost for manpower with multiplying factor, material,
equipment, transport, delivery, handling, and other related charges and
services necessary for the successful performance and completion of Scope
of Services.

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9.0 SITE VISIT

The Consultant will be deemed to have inspected the site or port and satisfied
themselves on all matters affecting the Study as required by the Terms of Reference.
Should the Consultant intend to arrange for any site inspection, he shall contact
SIPSB to arrange for the time of such inspection.

10.0 INTERPRETATION OF DOCUMENTS

If the Consultant is in doubt as to the true meaning of any part of the Terms of
Reference, he should as soon as possible but not later than twelve (12) days before
the closing date, notify the SIPSB and request clarification before submitting his
Proposal. Interpretation of the Terms of Reference will be valid only if made by
formal Addenda by the SIPSB, as described in para 11.0 below.

11.0 ADDENDA

11.1 Addenda may be issued prior to the closing date to clarify or modify the
Terms of Reference. Every Addendum issued will be distributed to the
Consultant and shall become part of the Terms of Reference. Receipt of
each Addendum must be acknowledged. Failure to acknowledge any
Addendum may result in the Proposal being rejected.

11.2 The time and date stated for the submission of the Proposal will not be
extended on issuances of Addenda, and the Consultant is herewith
informed that SIPSB shall not favourably consider any request for such
extension of time.

11.3 SIPSB reserves the right to postpone the date and time for submission of
Proposal. Notification of any such postponement will be given to the
Consultant.

12.0 ACCEPTANCE OR REJECTION OF PROPOSAL SUBMISSION

SIPSB reserves the right to accept or reject the proposal submission from
the Consultant and no reason will be assigned for rejection of the submission.

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 13.0 PAYMENT

13.1 All fees and remuneration are to be in RINGGIT MALAYSIA (RM) and shall
be paid within net thirty (30) days upon receipt of undisputed invoice for each
service order and all appropriate and complete supporting documents based
on the following deliverables:

Payment Payment Description

Structure Milestone
Payment 5% Upon submission of the following:
No.1 • Copy of Cover Note for Insurance
• Inception reports
Payment 50% Upon presentation of the Draft Final
No.2 Report
Payment 35% Upon presentation of the Final Report
No.3
Payment 10% Upon acceptance of the Final Report
No.4

13.2 SIPSB may by giving a written, withhold any payment at any time if in its
opinion the work by the Consultant fail to meet the requirement of SIPSB
as contained in this Terms of Reference.

14.0 TAXES AND ALLOWANCES (where applicable)

14.1 It is the responsibility of the Consultant to include in the costing all taxes,
duties, surcharges, etc, payable in Malaysia or in foreign countries from where
the Consultant might source complementary expertise.

14.2 The Consultant shall submit to the Department of Inland Revenue such Tax
Returns as are required by the Director of Inland Revenue in respect of their
business partnership to enable tax to be assessed.

14.3 The Consultant shall also ensure that expatriate personnel of the project shall
submit the necessary Tax Returns in respect of their personal income
originating in Malaysia inclusive of allowances to enable income tax to be
assessed. The Consultant and the expatriate personnel of the project shall on
receipt of any notification from the Department of Inland Revenue setting out
the tax assessment arrange to pay such taxes.

14.4 All payments to non-resident Consultant in respect of services rendered are

subject to withholding tax at the approved rates applicable in Malaysia. All the
withholding tax shall be solely borne by the Consultant.

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15.0 LIQUIDATED ASCERTAINED DAMAGES (LAD)

15.1 In the event that the Consultant encounters delay in obtaining the required
services, information or facilities for the conduct of this Study, the Consultant
shall promptly notify BPHB of such delay, and may request an appropriate
extension of time for the completion of the services.

15.2 Time shall be of the essence of this work and a penalty of 0.3% of the
contract sum per day with maximum of 10% of the contract sum shall be
imposed on the Consultant for any delay in completing the Study within the
stipulated period above.

16.0 DEVIATION FROM TERMS OF REFERENCE

Any deviation from the Terms of Reference specified in this document must be
given in full detail, with explanations as to why the deviation may be necessary or
desirable.

17.0 NEGLECT TO OBTAIN RELIABLE INFORMATION

The Consultant shall use his best endeavor to obtain reliable information vital to the
Study. Any neglect or failure in the part of the Consultant to obtain such information
prior to the submission of the Proposal does not relieve the Consultant from any
liabilities orresponsibilities on completing the Services.

18.0 DOCUMENT CONFIDENTIALITY

All Proposals shall be treated as private and confidential.

19.0 DOCUMENTS TO BE PREPAID

All documents submitted to BPHB shall be prepaid and any claim for the preparation
and submission of the proposal shall not be entertained by BPHB.

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20.0 LAWS AND REGULATIONS

The Consultant shall observe and comply with all laws and regulations and orders
of the Malaysian Government and other government authorities in force when
carrying out the study.

20.1 Confidentiality

20.1.1 Except with the prior written consent of SIPSB, the Consultant and
it’s Personnel shall not at any time communicate to any person or
body or entity, any information disclosed to him for the purpose of
the provision of the said Services or discovered by him in the cause
of the provision and performance as to the recommendations,
assessments and opinion formulated in the course of the said
Services nor shall the Consultant and its Personnel make or Cause
to be made any press statement or otherwiseor cause to be published
any material whatsoever relating to the said Services without prior
written of the BPHBG.

20.1.2 SIPSB warrant that SIPSB has the authority to provide the Personal
Data to the Consultant in connection with the performance of the
Services and that the Personal Data provided to the Consultant has
been processed in accordance with applicable law.

20.2 Non-Disclosure Agreement

20.2.1 The Consultant will enter into Non-Disclosure Agreement with SIPSB
once the tender is awarded.

20.3 Act or Attempt of Bribery/ Corruption

20.3.1 Any act or attempt to corruptly offer or give, solicit or receive any
gratification to and from any person or commercial organization in
connection with this procurement is a criminal offence under
Malaysian Anti-Corruption Commission Act 2009 (Act 694) and
Malaysian Anti- Corruption Commission (Amendment) Act 2018
(Act A1567).

If any person or commercial organization offers or gives any

gratification to any members/ staff of BPHBG, the latter shall at the
earliest opportunity thereafter lodge a report at the nearest office of
the Anti-Corruption Agency.

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 Without prejudice to any other actions, disciplinary action against a
member/ staff of BPHBG and blacklisting of the Consultant may be
taken if the parties are involved with ant act of corruption under
Malaysian Anti-Corruption Commission (Amendment) Act 2018 (Act
A1567).

Any Consultant who makes a claim of payment in relation to this

procurement although no works was carried out or no goods were
supplied or no services rendered in accordance with the
specifications and any members/ staff of BPHBG who certifies the
claim commits an offence under Malaysian Anti-Corruption
Commission (Amendment) Act 2018 (Act A1567).

20.3.2 Each Party to this contract represents and warrants that at all times
during the term of this Agreement:

20.3.2.1 It is in compliance with all relevant and applicable anti-

bribery and anti-corruption laws, regulations (“Applicable
Anti- Corruption Laws”); and

20.3.2.2 It shall ensure that its employees, officers and/ or directors

and those acting on its behalf and under its supervision,
care and management observe and comply with such
Applicable Anti- Corruption Laws.

20.3.2.3 The breach of any provisions under this Clause constitutes

material breach of the Contract while entitles the non-
defaultingParty to forthwith terminate this Contract and/ or
enforce its rights and seek remedies available to it at law
or in equity.

21.0 MODIFICATION, ALTERATION, SUBSTITUTION, REPLACEMENT, OR

ADDITION

The Company shall have the rights at any time to request in writing to the Consultant
any modification, alteration, substitution, replacement or addition in respect of the
form, quality or quantity which it may wish to incorporate in the services and the
Consultant shall agree to The Company requirements in so far as they may be
reasonably practicable, PROVIDED THAT the modification or as accumulation of
such modifications shall not in the Consultant’s judgment adversely affect his
commitments in relation to parties other than the Company.

Where modifications, alterations, substitution, replacement or additions of such kinds

result in any change in price, or result in a change to the duration of the contract
period or change to the payment schedule or the drawings or specifications hereto,
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 these changes shall be agreed between the parties hereto by verification through the
execution of a supplementary agreement.

The Consultant before making any variation from the Specifications necessitated by
such compliance shall give to the Company written notice specifying and giving the
reasons for such variation and applying for instructions in reference thereto.

22.0 TERMINATION OF CONTRACT

22.1 If the Consultant in the opinion of the Company has failed to conduct or
execute the services satisfactorily, the contract shall be terminated at any time
before the completion of the services.

22.2 The Company shall ascertain the value of the services carried out up to the
termination of the BPHBG is FINAL and BINDING.

23.0 FORCE MAJEURE

23.1 General

In this Clause, “Force Majeure” means an exceptional event or circumstances

which is beyond the control of the Company and the contractor, which may
include (but not limited to) as follows :

(i) act of God;

(ii) riots, wars, strikes, terrorism, lockouts, civil commotion;

(iii) earthquakes, flood or tempest, fire, storm;

(iv) dispute of Workmen, insurrection, acts and omissions or regulation of

any Government or Agency thereof;

(v) judicial action or any other causes whatsoever beyond the control of the
parties which materially has affected the fulfillment of this contract;

(vi) Pandemic/Epidemic of diseases.

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 23.2 Notice of Force Majeure

If Force Majeure situation arises, the contractor shall promptly notify the
Company in writing of such condition and the cause thereof.

Unless otherwise DIRECTED by the Company in writing, the contractor shall

continue to perform its obligations under the contract as far as if reasonably
practical, and shall seek all reasonable alternative means for performance not
prevented by the Force Majeure event.

24.0 PERSONAL DATA PROTECTION ACT 2010 (Privacy Policy)

24.1 This personal data collected from you and any other information which have
been provided by you in participating in our quotation exercise will be used
for purpose including but without limitation to evaluate your tender, to
communicate with you and respond to your inquiries pertaining to the said
tender.

24.2 We trust that you understand, consent and agree to the terms above with
request to our processing and using of your personal data unless you may
at any time make a request in writing for limiting the processing and use of
your

25.0 INSURANCE

25.1 The insurance require for this tender is Single Project Professional
Indemnity Insurance (SSPI). The coverage shall not be less than the total
contract sum.

25.2 In performing the study, the Consultant shall be an independent contractor

and shall have responsibility for and control over the details and means of
performing the study. The study shall be performed by the Consultant under
its own supervision and its own risk. Neither the Consultant nor any of the
Consultant’s employees, personnel, servants, representatives or agents
shall be deemed to constitute a personnel, servants or employees of SIPSB.

25.3 SIPSB undertakes no responsibility in respect of any life, health, accident,

travel and other insurance which may be necessary or desirable for the
personnel and specialist associated with the Consultant for the purpose of
the services, nor for any members of the family of any such person.

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 25.4 The Consultant shall maintain, throughout the duration of this Contract, the
SSPI in an amount not less than the contact value.

26.0 LIABILITY

26.1 The Consultant shall indemnify SIPSB against any liabilities, costs, expenses,
damages and losses suffered or incurred by SIPSB arising out of or in
connection with any breach or non-performance of any of the terms of this
Contract by the Consultant or any of its officers, servants and/or employees.

26.2 The Consultant shall indemnify SIPSB against any liabilities, costs, expenses,
damages and losses suffered or incurred by SIPSB arising out of or in
connection with any willful mistakes or gross negligence by the Consultant or
any of its officers, servants and/or employees in the performance of the
Project.

27.0 STAMP DUTY

The proper stamp duty, if any, on this Contract shall be solely borne by the
Consultant.

28.0 ESSENCE OF TIME

Time wherever mentioned in this Agreement / Contract.

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