(k) "Personnel" means persons hired by the Consultants or by any Subconsultant as employees and assigned to the performance of the Services or any part thereof;
(m) "Services" means the work to be performed by the Consultants pursuant to this Contract, as described in Appendix A;
(n) "Subconsultant" means any entity to which the Consultants subcontract any part of the Services in accordance with the provisions of Sub-Clause 3.6;
(o) "Third Party" means any person or entity other than the Client, the Consultants or a Subconsultant; and
(p) "Project" means Consultancy Services for construction supervision of Sewerage, Drainage Network, Roads, Road Structures and bridges in
.
1.2 Law Governing the Contract
This Contract, its meaning and interpretation, and the relation between the Parties shall be governed by the Applicable Law.
1.3 Language
This Contract has been executed in the English language which shall be the binding and controlling language for all matters relating to the meaning or interpretation of this Contract. All the reports and communications shall be in the English language.
1.4 Notices
Any notice, request, or consent made pursuant to this Contract shall be in writing and shall be deemed to have been made when delivered in person to an Authorised Representative of the Party to whom the communication is addressed, or when sent by registered mail, telex, or facsimile to such Party at the address of the Authorised Representatives specified under Sub-Clause SC 1.6. A Party may change its address for notice hereunder by giving the other Party notice of such change.
1.5 Location
The Services shall be performed at such locations as are specified in Appendix A and, where the location of a particular task is not so specified, at such locations as mutually agreed by the Parties.
1.6 Authorised Representatives
Any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the Client or the Consultants shall be taken or executed by the Authorised Representatives specified as below.
The Authorized Representatives are the following:
For the Client:
Mian Tariq Mehmood
District Planning Officer
Telephone: 052-9250126
For the Consultants:
Mr. Muhammad Tehseen
Project Manager/ Team Leader,
36-Civic Centre, M-Block,
Telephone : 5201206-07
Facsimile : 5201255
E-Mail : engrtehseen @yahoo.com
1.7 Taxes and Duties
The Consultants, Subconsultants, and their Personnel shall pay such taxes, duties, fees, and other impositions as may be levied under the Applicable Law, the amount of which is deemed to have been included in the Contract Price.
2. COMMENCEMENT, COMPLETION, MODIFICATION,
AND TERMINATION OF CONTRACT
2.1 Effectiveness of Contract
This Contract shall come into effect is the date when the Contract is signed by both the Parties.
2.2 Termination of Contract for Failure to Become Effective
If this Contract has not become effective within a time period of (02) two weeks after the date of the Contract signed by the Parties, or such period as the Parties may agree in writing, either Party may, by not less than two (2) weeks written notice to the other Party, declare this Contract to be null and void, and in the event of such a declaration by either Party, neither Party shall have any claim against the other Party except for the work (if any) already done or costs already incurred by a Party at the request of the other Party.
2.3 Commencement of Services
The Consultants shall commence the Services within seven (07) days after receipt of first payment.
2.4 Expiration of Contract
The period of completion of Services shall be four (06) months from the Commencement Date of the Services or such other period as the Parties may agree in writing.
"Completion of Services" means completion of all services as defined in Appendix A and submissions as per Appendix B.
2.5 Modification
Modification of the terms and conditions of this Contract, including any modification of the scope of the Services or of the Contract Price, may only be made in writing, which shall be signed by both the Parties.
2.6 Extension of Time for Completion
If the scope or duration of the Services is increased:
(a) the Consultants shall inform the Client of the circumstances and probable effects;
(b) the increase shall be regarded as Additional Services, and
(c) the Client shall extend the time for Completion of the Services accordingly and shall pay for the Additional Services in mutually agreed cost and terms and conditions.
2.7 Force Majeure
2.7.1 Definition
(a) For the purposes of this Contract, "Force Majeure" means an event which is beyond the reasonable control of a Party and which makes a Party's performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial actions (except where such strikes, lockouts or other industrial actions are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by government agencies.
(b) Force Majeure shall not include (i) any event which is caused by the negligence or intentional action of a Party or such Party's Subconsultants or agents or employees, nor (ii) any event which a diligent Party could reasonably have been expected to both (A) take into account at the time of the conclusion of this Contract and (B) avoid or overcome in the carrying out of its obligations hereunder.
(c) Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.
2.7.2 No Breach of Contract
The failure of a Party to fulfill any of its obligations under the Contract shall not be considered to be a breach of, or default under this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event; (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract; and (b) has informed the other Party in writing not later than fifteen (15) days following the occurrence of such an event.
2.7.3 Extension of Time
Any period within which a Party shall, pursuant to this Contract, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure.
2.7.4 Payments
During the period of their inability to perform the Services as a result of an event of Force Majeure, additional payments to consultants will be mutually agreed for additional costs reasonably and necessarily incurred by them during such period for the purpose of the Services and in reactivating the Services after the end of such period.
2.8 Suspension of Payments by the Client
The Client may, by written notice of suspension to the Consultants, suspend all payments to the Consultants hereunder if the Consultants fail to perform any of their obligations under this Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall specify the nature of the failure, and (ii) shall request the Consultants to remedy such failure within a period not exceeding thirty (30) days after receipt by the Consultants of such notice of suspension.
2.9 Termination
2.9.1 By the Client
The Client may terminate this Contract, by not less than fifteen (15) days written notice of termination to the Consultants, to be given after the occurrence of any of the events specified in paragraphs (a) through (e) of this Sub-Clause 2.9.1 and fourteen (14) days' in the case of the event referred to in paragraph (f):
(a) if the Consultants do not remedy a failure in the performance of their obligations under the Contract, within thirty (30) days after being notified or within any further period as the Client may have subsequently approved in writing;
(b) if the Consultants become (or, if the Consultants consist of more than one entity, if any of their Members becomes) insolvent or bankrupt or enter into any agreements with their creditors for relief of debt or take advantage of any law for the benefit of debtors or go into liquidation or receivership whether compulsory or voluntary;
(c) if the Consultants fail to comply with any final decision reached as a result of arbitration proceedings pursuant to Clause 7 hereof;
(d) if the Consultants submit to the Client a statement which has a material effect on the rights, obligations or interests of the Client and which the Consultants know to be false;
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