SPECIAL CONDITIONS OF CONTRACT

Ref : TPL/1x 800 MW KSTPS Stage 2

PROJECT /SCC ( S)
FOR SUPPLY
Date : 20th Sep 2016
Tata Projects Ltd.
Rev No. : 0
PACKAGE : COAL STOCKYARD SHED

TABLE OF CONTENTS
Sl . PAGE
HEADING DESCRIPTION
No. NO.

1 DEFINITION OF TERMS & INTERPRETATION

2 SCOPE

3 SPARES, SPECIAL TOOLS AND CONSUMABLES

CONTRACT PRICE, CONTRACT STRUCTURE AND TAXES &

4
DUTIES

5 PAYMENT TERMS

6 CONTRACT PRICE VARIATION

7 COMPLETION SCHEDULE FOR SUPPLY

LIQUIDATED DAMAGES FOR DELAYS, NON-PERFORMANCE

8
& OVERALL

9 WARRANTY & DEFECT LIABILITY PERIOD

10 COORDINATION & COOPERATION

11 SALES TAX, C FORM & ROAD PERMIT

12 SUSPENSION

13 SUPPLIER DEFAULT AND RISK PURCHASE

14 TERMINATION

15 CROSS FALL BREACH

16 ALL TERMS AND CONDITIONS

Project: KRISHNAPATNAM PROJECT STAGE – II UNIT 3

Page 1 of 11
 SPECIAL CONDITIONS OF CONTRACT
Ref : TPL/1x 800 MW KSTPS Stage 2
PROJECT /SCC ( S)
FOR SUPPLY
Date : 20th Sep 2016
Tata Projects Ltd.
Rev No. : 0
PACKAGE : COAL STOCKYARD SHED

Special Conditions of Contract-Supply [SCC(S)]

The definition of terms & interpretation, terms and conditions mentioned in this document
supersede and/or complement, as the case may be, those respective terms and conditions with
same sub-titles or otherwise existing in the General Consditions of Contract (GCC) for Packages
Ref TPL/SCM/GCC/C3-R2. The following Special Conditions of Contract-Supply [SCC(S)]
shall be superseding / Supplementing the General Conditions of Contract (GCC) as may be
applicable.

The terms and conditions other than those mentioned in this document shall be as per GCC
for Packages referred herein. The GCC for Packages shall be referred simply as GCC further in
this document.

1.0 DEFINITION OF TERMS & INTERPRETATION

1.1 OWNER/ (Clause No. 1.0 / Sl No. 1.1 of GCC) shall mean M/s. Andhra Pradesh Power
Development Company Limited with their address at Room No 106, APGENCO Building,
GTS Colony, Hyderabad, Postal Code –500045 Telangana, INDIA.

1.2 CONSULTANT shall means Development Consultant Private Ltd, who will Provide Project
& engineering Consultancy Services to the OWNER/PURCHASER.

1.3 Supplier (Clause No. 1.0 / Sl No. 1.0 of GCC) shall be as set forth under Definition of
Term & Interpretation in GCC. Supplier shall also mean Contractor.

1.4 TATA PROJECTS LIMITED also referred to as TPL has its registered and corporate office
at 1-7-80 to 87, Prenderghast Road, Secunderabad – 500003, and includes its successors
and assigns, its affiliates and officers, directors, agents and representatives.

2.0 SCOPE (refer clause 5.0 of GCC )

2.1 The Plant & Equipment/Item/Package/Goods shall mean complete coal stock yard shed .

2.2 The scope of supply shall be as specified in the relevant technical specification/drawing etc
enclosed with the enquiry.

3.0 Spares, Special Tools and Consumables (Clause No. 6.0 of GCC)
The following Clause No. 3.1 to 3.6 of this SCC shall supplement the text mentioned under
sub-clause 6.1 of GCC.

Project: KRISHNAPATNAM PROJECT STAGE – II UNIT 3

Page 2 of 11
 SPECIAL CONDITIONS OF CONTRACT
Ref : TPL/1x 800 MW KSTPS Stage 2
PROJECT /SCC ( S)
FOR SUPPLY
Date : 20th Sep 2016
Tata Projects Ltd.
Rev No. : 0
PACKAGE : COAL STOCKYARD SHED

3.1 Bidder/supplier shall furnish list, quantity and unit rates for recommended spares
separately for three years of trouble free operation along with the Price schedule. The price(s)
of such spare parts shall not be added to the Price furnished in the Price schedule. The
prices of recommended spares shall be kept valid for a period of 3 years from the date of
order.
3.2 If required Start-up & Commissioning spares fall short during the period up to the date of
Taking Over of Package, the bidder/supplier shall deliver the same at no additional cost to
the TPL and on time to ensure uninterrupted commissioning progress.
3.3 Bidder/supplier shall indicate if any special conditions are required for storage of certain
spares and shelf life of spares, if any.
3.4 Based on the requirement of the technical specifications and / or bidder’s experience in
supplying similar plants, the Bidder /supplier shall, along with the Plant and equipment,
supply special tools required for specific Equipment for commissioning, normal repair and
maintenance. In case of electronic equipment, special calibration and programming
instrument wherever needed shall be delivered by the Bidder/supplier as part of his
supplies.
3.5 The Bidder/supplier will provide to the TPL with all the addresses and particulars of his
sub-VENDORs while placing the order on VENDORs for items/ components/ Goods
covered under the Contract and will further ensure with his VENDORs that the TPL, if so
desires will have the right to place order for spares directly on them on mutually agreed
terms based on offers of such VENDORs.
3.6 The Bidder/supplier shall guarantee the long term availability of spares to the TPL for the
full life of the Goods covered under the Contract. The VENDOR shall guarantee that before
going out of production of spare parts of the Goods covered under the Contract, They shall
give the TPL at least 1 years advance notice so that the latter may order his bulk
requirement of spares, if it so desires. The same provision will also be applicable to Sub-
VENDORs. Further, in case of discontinuance of manufacture of any spares by the VENDOR
and/or his Sub-VENDOR, Bidder will provide the TPL, two years in advance, with full
manufacturing drawings, material specification and technical information including
information on alternative equivalent makes required by the TPL for the purpose of
manufacture /procurement of such items.

During the Contract Period, the bidder/supplier shall arrange and pay for construction
fuel necessary for the performance of the Work. Bidder/supplier shall arrange and pay for
lubricants, chemicals, and other consumables in sufficient quantities, and the disposal of
sewage and bidder /supplier generated and his Sub-contractors generated wastes, as
necessary, to enable bidder/supplier and his Sub-Contractor to perform the Work until
takeover of the plant.

Bidder/supplier shall be solely responsible for the cost of all start-up/commissioning spare
parts and consumables used by bidder or their Sub-contractor prior to Final Performance
Acceptable / Take-Over of Plant, and bidder/supplier shall replace them in kind. Bidder

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 SPECIAL CONDITIONS OF CONTRACT
Ref : TPL/1x 800 MW KSTPS Stage 2
PROJECT /SCC ( S)
FOR SUPPLY
Date : 20th Sep 2016
Tata Projects Ltd.
Rev No. : 0
PACKAGE : COAL STOCKYARD SHED

/supplier shall deliver Plant at Final Performance Acceptance / Take-over with a full
“topping-up” of all required lubricants, chemical and other consumables including those as
stipulated elsewhere in the Contract including Specifications and loose stock of each
equivalent to consumption for 3 (three) Months Operation

4.0 PRICE:

4.1 The Price quoted by the Bidder/supplier shall be firm and fixed in Indian Rupees throughout
the contract period till completion of all contractual obligations under the order/contract
which includes Latent Defect Liability Period.

4.2 The Bidder/supplier shall be solely responsible and liable for his wrong assumptions/
omissions/consideration of all applicable taxes and duties in the Contract price. In addition
to above, taxes and duties, if any, which are prevailing on the date of signing of the
Agreement, but not considered by the bidder/supplier in the Contract price, shall be borne
and paid by the bidder/supplier.

5.0. PAYMENT TERMS FOR SUPPLIES (GCC Clause 25)

Refer Clause 25.0 of GCC. The Terms of Payment shall be as stipulated in Clause No. 5.0
herein.

5.1 FOR SUPPLIES:

5.1.1 10 % (Ten percent) of the Contract Price shall be paid as an initial Interest bearing advance
within 30 days from the date of receipt of following documents:

(i) Proforma Invoice for equivalent amount (excluding Taxes/Duties and Freight).
(ii) Advance Bank Guarantee (ABG) for equivalent amount, in TPL’s Format enclosed with
this SCC. Validity of the ABG shall be till completion of all supplies. The ABG shall have
a provision for minimum claim period of 3(Three) Months from the date of expiry and
shall be extended at the instance of the TPL, if required, without any financial
implication to the TPL.
(iii) Contract Performance Bank Guarantee (CPBG) for 15% of the Contract Price including
taxes & duties, in TPL’s format enclosed with this SCC, as per the provisions of Clause
No. 24.0 of GCC. This Bank Guarantee shall be valid till the expiry of 90 days after the
end of Defect Liability Period as defined in Clause No.28.0 of this GCC. The validity
period of the CPBG shall be extended at the instance of the TPL, if required, without
any financial implication to the TPL.
(iv) Unconditional Acceptance of the LOI/ Purchase Order.
(v) Submission of Mutually agreed Identified drawings/engineering deliverables during
technical discussion.
Note: Submission of CPBG is Mandatory irrespective of whether advance is claimed by
the bidder/ Supplier or not.

5.1.2 70% (Seventy Percent) of the Contract Price along with 100% taxes & Duties on pro-rata
basis as per mutually agreed billing schedule, shall be payable within 60 days from the

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 SPECIAL CONDITIONS OF CONTRACT
Ref : TPL/1x 800 MW KSTPS Stage 2
PROJECT /SCC ( S)
FOR SUPPLY
Date : 20th Sep 2016
Tata Projects Ltd.
Rev No. : 0
PACKAGE : COAL STOCKYARD SHED

date of receipt and acceptance of the Goods at site, subject to recovery towards
Liquidated damages for any delay in delivery as per provisions of Clause No. 36.0 of GCC.
This payment shall be payable against following documents:
a) Commercial Invoice showing goods description, quantity, unit price and
total amount
b) Packing List(s)
c) Delivery Challan(s)
d) Buyer’s copy of Excise Gate Pass/Invoice
e) Transporter’s copy Excise Gate Pass/Invoice
f) Test certificates
g) Warranty / Guarantee Certificates
h) Inspection and Test Reports
i) Notification to TPL/TPL’s insurers by telex / fax / courier (Transit
Insurance shall be arranged by TPL)
j) Material Dispatch Clearance Certificate (MDCC) issued by TPL
k) Lorry Receipt(LR)
l) Reconciliation statement of Road Permits issued.

Hundred Percent (100%) proportionate transportation charges for the Goods shall be paid
to the Supplier pro-rata along with the above payment against submission of
documentary evidence by the Bidder. The aggregate of all such pro-rata payments shall
not exceed the total amount identified in the Contract for Transportation.

5.1.4 10% (Ten Percent) of the total contract price shall be payable against successful
completion of erection of the package . This payment shall be paid within 60 days from
the date of receipt of following documents from Bidder.
(a) Commercial Invoice (b) Certificate of Successful erection of the package issued by
TPL/APPDCL.

5.1.5 10% (Ten Percent) of the Contract Price shall be payable on successful completion of
Commissioning and issuance of Taking Over Certificate of BOP Package by APPDCL,
subject to recovery towards Liquidated damages for any shortfall in performance. This
payment shall be paid within 60 Days from the date of receipt of following documents
from Vendor.
(a) Commercial Invoice (b) Certificate of Successful completion of commissioning and
issuance of taking over certificate of the BOP package issued by APPDCL.

5.2 All the payments shall be made through RTGS (direct bank transfer). RTGS charges shall
be to Bidder’s account.

6.0 Delivery Schedule ;

6.1 All Supplies ares shall be Completed (delivered at site) within 5 months from date of issue
of PO.

Project: KRISHNAPATNAM PROJECT STAGE – II UNIT 3

Page 5 of 11
 SPECIAL CONDITIONS OF CONTRACT
Ref : TPL/1x 800 MW KSTPS Stage 2
PROJECT /SCC ( S)
FOR SUPPLY
Date : 20th Sep 2016
Tata Projects Ltd.
Rev No. : 0
PACKAGE : COAL STOCKYARD SHED

6.2 The bidder /Supplier shall be responsible for co-ordinated delivery of all Equipment under
this Agreement and shall ensure sequential deliveries as per agreed schedule.

6.3 The aforesaid time period shall be inclusive of the time period for submission of
drawings/QAP/data sheets etc. bidder/ Supplier shall submit the drawings/QAP/data sheets
within 2 weeks form date of PO and approval of the same shall be accorded within 4 weeks
thereafter.

7.0 LIQUIDATED DAMAGES FOR DELAYS, SHORT-FALL IN PERFORMANCE & OVERALL:

The following Sub-Clauses 7.1 of SCC shall supplement the Clause No. 36.0 of GCC

7.1 Liquidated damaged for delay in achieving delivery Schedule as detailed in clause 6.1 above,
LD shall be applicable @ 0.75% of total contract price for each week’s delay, subject to
maximum of 12.5% of total contract price shall be as per provision of clause 36.1 of GCC for
packages.

8.0 Warranty /Defect Liability period/Latent Defect Liability Period (Clause 28.0 of GCC):
The following Sub-Clauses 8.1 to 8.3 of SCC shall supplement the Clause No. 28.0 of GCC
8.1 The Defect Liability Period including mandatory spares shall be 12 months from date of
Taking Over of Entire BOP Package by APPDCL.
8.2 Bidder/supplier is responsible for defects in the design, material and workmanship for a
period of 12 Months from the date of Taking Over of Entire BOP package. Bidder /supplier
shall be responsible for enforcing the warranties of all Sub Contractors through the relevant
warranty period.
Any part or component of the Goods or Services having defect which are warranted and
corrected by the bidder/supplier by way of repair or replacement shall be further
Warranted by the bidder/supplier for a period-of 12 months from the date of such correction
is effected and accepted by the TPL/Owner.
8.2.1 Latent Defect Liability Period shall be 24 months from date of completion of Provisional
Acceptance of the Unit.
9.0 Co- ordination and Co-operation:

You shall fully cooperate with the TPL /APPDCL’s other contractors of related equipment in
the mutual exchange of drawings, dimensions and other information to the extent necessary
to ensure complete coordination of design, arrangement and manufacture of related parts.
No remuneration is payable for such technical co-operation. Similarly, you shall fully co-
operate with the Owner consulting engineers, in all matters relating to the contract.
Multiple agencies are expected to work in the project at the same time. The contractor is
supposed to know the interfaces, site conditions and inter-dependencies and are required to
take care of the same in its work schedule. If the Works of the Contractor is delayed because

Project: KRISHNAPATNAM PROJECT STAGE – II UNIT 3

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 SPECIAL CONDITIONS OF CONTRACT
Ref : TPL/1x 800 MW KSTPS Stage 2
PROJECT /SCC ( S)
FOR SUPPLY
Date : 20th Sep 2016
Tata Projects Ltd.
Rev No. : 0
PACKAGE : COAL STOCKYARD SHED

of any acts of omission of another Contractor, the Contractor shall have no claim against
the Purchaser on this account.

10.0 SALE TAX, C FORM & ROAD PERMIT:

10.1 Road permit shall be issued by Owner on request by bidder /supplier in the specified format.
For short supply items/ missing items, Road permit shall be arranged by bidder/supplier .
The number of Road Permits to be issued by the TPL to the bidder /supplier shall be kept
minimum to the extent possible and the bidder shall ensure that the Road Permits issued
to him are utilised to cover his total scope of supply. The bidder/supplier shall be
responsible and liable for any loss of Road Permits issued to him.
10.2 Both the copies of Road Permit (original and duplicate) issued by the TPL must be
surrendered by the bidder /his authorised representative at the point of delivery of
Equipment and materials to the TPL at the INCOMING MATERIALS SECTION/WORK SITE.
10.3 The Bidder/supplier shall submit to the TPL a monthly reconciliation statement on
utilisation of Road Permits. In case Road Permits are not reconciled, no further Road Permits
shall be issued to the bidder.
10.4 In the event of loss of Road Permits, the bidder /supplier shall immediately lodge a F.I.R. in
the nearest police station and publish the information in local newspaper. The bidder shall
submit to the TPL one copy each of the F.I.R. filed and the newspaper publication. Unless
this is done with respect to lost Road Permits, no fresh Road Permit shall be issued to the
TPL. In the event of TPL’s non-compliance of APPDCL’s procedure for reconciliation of Road
Permits, the Contractor shall pay the penalty, as per APPDCL’s prevailing practice.
10.5 CST shall be payable extra at actual at the prevailing rate subject to provision in clause no-
23 of our GCC. Vendor shall provide E1 form to us for the same.
11.0 Suspension (shall supercedes clause 40 of GCC)
Owner may at any time instruct the bidder/supplier to suspend progress of part or all of
the Work or supply of Goods. During suspension, the bidder /supplier shall protect, store
and secure such part or all of the Work or Goods against any deterioration, loss or damage
or other losses.

If the bidder /supplier suffers delay and/or incurs Cost in following the TPL/TPL’s
Representative’s instructions and in resumption of the Work or supply of Goods, the bidder
shall give notice to the TPL’s Representative, with a copy to the TPL. After receipt of such
notice the TPL/TPL’s Representative shall proceed to agree or determine mutually agreed
solution

Bidder/supplier shall not be entitled to extension of time for, or payment of the costs
incurred in, making good any deterioration, defect or loss caused by faulty design,
workmanship or Materials, or by the bidder’s failure to take the measures specified.

After receipt of permission or of any instruction to proceed, the bidder/supplierv shall, after
notice to the TPL, and together with the TPL’s Representative, examine the Works and the

Project: KRISHNAPATNAM PROJECT STAGE – II UNIT 3

Page 7 of 11
 SPECIAL CONDITIONS OF CONTRACT
Ref : TPL/1x 800 MW KSTPS Stage 2
PROJECT /SCC ( S)
FOR SUPPLY
Date : 20th Sep 2016
Tata Projects Ltd.
Rev No. : 0
PACKAGE : COAL STOCKYARD SHED

Plant and Materials affected by the suspension. The Bidder/supplier shall make good any
deterioration or defect in or loss of the Works or Plant or Materials, which has occurred
during the suspension. The Work or supply of Goods after resumption shall be started by
the bidder /supplier within 7 (seven) Days of receipt of permission or an instruction to
proceed.

If suspension continues for more than 180 (one hundred and eighty) Days in case of a single
event and 365 (three hundred and sixty five) Days in case of cumulative events, and the
suspension is not due to a cause attributable to the bidder/supplier , the bidder /supplier
may by notice to the TPL/TPL’s Representative require permission within 30 (Thirty) Days to
proceed. If permission is not granted within the said 60 (sixty) Days period by the TPL, the
Bidder /supplier may treat the suspension as an omission of the affected part of the Work.
If such suspension affects the whole of the Work, the bidder /supplier may terminate his
employment.

Resumption of Supply of Goods / Work

After receipt of permission or of any instruction to proceed, the bidder /supplier shall, after
notice to the TPL, and together with the TPL’s Representative, examine the Works and the
Plant and Materials affected by the suspension. The Bidder /supplier shall make good any
deterioration or defect in or loss of the Works or Plant or Materials, which has occurred
during the suspension. The Work or supply of Goods after resumption shall be started by
the bidder /supplier within 7 (seven) Days of receipt of permission or an instruction to
proceed.

12.0 Supplier’s Default and Risk Purchase -

(Clause 39.4 of GCC to be replaced as )
The cost of any works/supplies not carried out by the bidder/Supplier shall be finalized
during the currency of the contract based on expenses incurred by the TPL in completing
the unfinished works with 25% centage charges levied on the final amounts. The same shall
be recovered from the dues of the bidder/Supplier or any securities available with the TPL
or any other means as deemed fit under the contract and law.

13.0 Termination -
(Clause no. 41 of GCC superceded and will read as below)
Termination for Convenience

The TPL shall be entitled to terminate the Contract at the TPL’s convenience, at any time by
giving thirty (30) Days prior notice to the Bidder/supplier . Such notice of termination shall
specify that termination is for TPL’s convenience and the date upon which such termination
becomes effective. Upon receipt of such notice, the Bidder/supplier shall proceed as follows:

Project: KRISHNAPATNAM PROJECT STAGE – II UNIT 3

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 SPECIAL CONDITIONS OF CONTRACT
Ref : TPL/1x 800 MW KSTPS Stage 2
PROJECT /SCC ( S)
FOR SUPPLY
Date : 20th Sep 2016
Tata Projects Ltd.
Rev No. : 0
PACKAGE : COAL STOCKYARD SHED

(i) Cease all further work, except for such work as may be necessary and instructed by the
TPL/TPL’s Representative for the purpose of making safe or protecting those parts of
the Services already executed, and any work required for leaving the Site in a clean and
safe condition;

(ii) Stop all further sub-contracting or purchasing activity, and terminate Sub-contracts;

(iii) Handover all Documents, equipment, materials and spares relating to the Facility
prepared by the bidder /supplier or procured from other sources up to the date of
termination for which the bidder /supplier has received payment equivalent to the value
thereof;

(iv) Hand over those parts of the Facility executed by the bidder/supplier up to the date of
termination; and

(v) Remove all bidder/supplier’s Equipment, which is on Site and repatriate all his staff and
labour from the Site.

Termination for Default by Bidder

Notice to Correct

If the Contract fails to carry out any of his obligations, or if the bidder/supplier does not execute
the Services in accordance to the Contract, the TPL/TPL’s Representative may give notice to the
bidder/supplier requiring him to make good such failure. The bidder/supplier shall remedy
the same or take reasonable action to remedy the same within fifteen (15) days from date of such
notice. If the bidder;

(a) Fails to comply with a notice to remedy

(b) Abandons or repudiates the Contract, or

(c) Without reasonable excuse fails to commence or proceed with the Services in accordance
with the Contract, or

(d) Becomes bankrupt or insolvent, goes into liquidation, has a receiving or administration
order made against him, compounds with his creditors, or carries on business under a
receiver, trustee or manager for the benefit of his creditors, or if any act is done or event
occurs which (under any Applicable Law) has a similar effect to any of these acts or
events, or

(e) Assigns the Contract without the required consent of Purchaser, or

(f) Fails to comply with Applicable Laws and/or Applicable Permits, or

(g) Is in material breach of the Contract, then the TPL may, without prejudice to any other
right or remedy TPL may have under the Contract after having given thirty (30) Days’

Project: KRISHNAPATNAM PROJECT STAGE – II UNIT 3

Page 9 of 11
 SPECIAL CONDITIONS OF CONTRACT
Ref : TPL/1x 800 MW KSTPS Stage 2
PROJECT /SCC ( S)
FOR SUPPLY
Date : 20th Sep 2016
Tata Projects Ltd.
Rev No. : 0
PACKAGE : COAL STOCKYARD SHED

notice to the bidder, terminate the bidder’s employment under the Contract, should
bidder fail to rectify within such notice period or commence to rectify the defaults within
fifteen (15) Days of receipt of such notice from TPL; provided always that in the case of
paragraph (d) above, the termination shall become effective on TPL issuing the notice of
termination.

Upon termination, TPL shall automatically without the necessity of any further action by
the bidder stand subrogated to the interests of bidder in or under any Sub-contracts. TPL
shall succeed bidder in all Sub-contracts and the TPL shall compensate the Sub-
contracts under such Sub-contracts the compensation becoming due and payable under
their agreements with the bidder/supplier from and after the date TPL decides to succeed
to the interests of the bidder. The bidder/ supplier shall simultaneously deliver all
Documents relating to the Facility prepared by the bidder /supplier or procured from
other sources up to the date of termination to the TPL. Upon termination, if requested by
TPL, bidder /supplier shall withdraw from the Site and shall remove as directed by TPL
any debris or waste materials (including any hazardous substances) generated by bidder
in performance of the Services.

TPL may take possession of any and all materials, documents, purchase orders,
correspondence and schedules that TPL deems necessary to complete the Facility. The
TPL is also free to take possession of and use bidder’s Equipment at Site free of any cost.
The rights and authorities conferred on the TPL and the TPL’s Representative by the
Contract shall not be affected by such termination.

The bidder/supplier shall not be released from any of his obligations or liabilities accrued
under the Contract. For the avoidance of doubt, the termination of the Contract in
accordance with this clause shall neither relieve the bidder/supplier of his accrued
obligations for Warranty or Latent Defects or his accrued liability to pay Liquidated
Damages for Delay and/or Performance and/or Availability nor shall entitle him to reduce
the value of Contract Performance Security.

The TPL may upon such termination complete the Facility himself and/or by employing
any other contractor. The TPL or such other bidder/supplier may use for such completion
such of the Documents made by or on behalf of the bidder/supplier , bidder/supplier ’s
Equipment, Temporary Works, plant and materials as he or they may think proper. Upon
completion of the Services, or at such earlier date as the TPL/TPL’s Representative thinks
appropriate, the TPL/TPL’s Representative shall give notice that the bidder’s Equipment
and Temporary Works will be released to the bidder at or near the Site. The
bidder/supplier shall remove or arrange removal of the same from such place without
delay and at his cost.

Upon termination, if TPL is of the opinion that he is not able to complete the Plant himself
or with the help of other bidders, then he may reject the incomplete Plant. In such an
event the TPL shall recover all money paid by the TPL to the Bidder/supplier for the
incomplete/rejected Plant. The Bidder/supplier shall also dismantle and dispose of the
rejected/incomplete Plant and also clear the Site at his cost. If he fails to do so, the TPL
will dismantle and dispose of the rejected incomplete Plant and clear the Site at bidder’s
Cost and risk and recover all expenses incurred in this regard from the bidder.

Project: KRISHNAPATNAM PROJECT STAGE – II UNIT 3

Page 10 of 11
 SPECIAL CONDITIONS OF CONTRACT
Ref : TPL/1x 800 MW KSTPS Stage 2
PROJECT /SCC ( S)
FOR SUPPLY
Date : 20th Sep 2016
Tata Projects Ltd.
Rev No. : 0
PACKAGE : COAL STOCKYARD SHED

Payment after Termination

After termination, the bidder/supplier shall not be entitled to any further payment under
the Contract, except that, if TPL completes the Plant and the costs of completion are less
than the Contract Price, the TPL shall pay bidder/supplier an amount properly allocable
to Services fully performed by bidder prior to termination for which payment was not
made to Bidder or a bidder, upon completion of the Plant by TPL.

The TPL shall be entitled to recover from the bidder/supplier the extra costs, if any, of
completing the Works. In addition, TPL shall be entitled to exercise any rights or remedies
available to TPL hereunder or at law or in equity.

14.0 Cross fall breach ;

Notwithstanding the different scope of supply and services under each of the said contract
/ Order , the scope of supply and services under each of the said Order(s) shall be
performed by the Supplier in such a manner that, when aggregated, shall result in
successful completion of the said Package in an integrated manner as per terms of the
contracts/orders, within the completion schedule, which meets the Performance
Guarantees as set out at Technical Specifications.

Any default in one contract/Order and applicably of Liquidated damages shall automatically
be construed as default in other contract/Order and accordingly Liquidated damages shall
apply

15.0 All Other Terms & Conditions :

As per GCC except for those clarification/ deviation covered in these documents.

Project: KRISHNAPATNAM PROJECT STAGE – II UNIT 3

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