the Services, with various Government and other organisations. Such items unless paid for by the Consultants without reimbursement by the Client, shall be returned by the Consultants upon completion of the Services under this Contact;
(c) issue to officials, agents and representatives of the concerned organizations, all such instructions as may be necessary or appropriate for prompt and effective implementation of the Services;
(d) assist to obtain permits which may be required for right-of-way, entry upon the lands and properties for the purposes of this Contract;
5.1.2 Co-ordination
The Client shall:
(a) coordinate and get or expedite any necessary approval and clearances relating to the work from any Government or Semi-Government Agency, Department or Authority, and other departments and agencies which are found to be involved during the execution of Project;
(b) coordinate with any other consultants employed by him.
5.1.3 Approvals
The Client shall accord approval of the documents within two (02) weeks, whenever these are applied for by the Consultants. Otherwise, these documents would be considered as approved.
5.2 Access to Land
The Client warrants that the Consultants shall have, free of charge, unimpeded access to all land of which access is required for the performance of the Services.
5.3 Change in the Applicable Law
If, after the date of this Contract, there is any change in the Applicable Law which increases or decreases the cost of the Services rendered by the Consultants, then the remunerations and direct costs otherwise payable to the Consultants under this Contract shall be increased or decreased accordingly, and corresponding adjustment shall be made to the amounts referred to in Clause 6.2.
5.5 Payments
In consideration of the Services performed by the Consultants under this Contract, the Client shall make to the Consultants such payments and in such manner as is provided by Clause 6 of this Contract.
6. PAYMENTS TO THE CONSULTANTS
6.1 Lump Sum Remuneration
The Consultants' total remuneration shall not exceed the Contract Price and shall be a fixed lump sum including all staff costs, incurred by the Consultants in carrying out the Services described in Appendix A. Except as provided in Clause 5.3, the Contract Price may only be increased above the amounts stated in Clause 6.2 if the Parties have agreed to additional payments in accordance with Clauses 2.5, 2.6 or 6.6.
6.2 Contract Price
Payment shall be made in Pakistani Rupees. The amount of Consultant remuneration to be paid is Pakistani Rupees ________/- (Rupees Two Million Nine Hundred Thousands only)
6.3 Terms and Conditions of Payment
Payment will be made to the account of the Consultants and according to the payment schedule stated below. Payments shall be made after the conditions listed below for such payments have been met, and the Consultants have submitted an invoice to the Client specifying the amount due.
First Payment @ 10% =Rs.290,000/- upon signing of Consultancy Agreement.
Remaining amount shall be charged on monthly basis on equal installment of Rs.652,500\-
6.4 Period of Payment
(a) The time period for First payment to the Consultants shall be seven (07) days after signing of the Contract Agreement between the Parties.
(b) Any other amount due to the Consultants shall be paid by the Client to the Consultants within fifteen (15) days after the Consultants' invoice has been delivered to the Client.
6.6 Additional Services
Additional Services means:
(a) Services as approved by the Client outside the Scope of Services described in Appendix A;
(b) Services to be performed during the period extended pursuant to Clause 2.6, beyond the original schedule time for completion of the Services; and
(c) any re-doing of any part of the Services as a result of Client's instructions.
If, in the opinion of the Client, it is necessary to perform Additional Services during the currency of the Contract for the purpose of the Project, such Additional Services shall be performed with the prior concurrence of both the Parties. The Consultants shall inform the Client of the additional time (if any), and the additional remuneration and reimbursable direct costs expenditure for such Additional Services. If there is no disagreement by the Client within two weeks of this intimation, such additional time & direct costs expenditure shall be deemed to become part of the Contract.
6.7 Consultants' Entitlement to Suspend Services
If the Client fails to make the payment of any of the Consultants' invoice without any observation (excluding the advance payment), within fourteen (14) days after the expiry of the time stated in paragraph (b) of Clause 6.4, within which payment is to be made, the Consultants may after giving not less than seven (07) days' prior notice to the Client, suspend the Services or reduce the rate of carrying out the Services, unless and until the Consultants have received the payment.
This action will not prejudice the Consultants entitlement to financing charges under Sub-Clause 6.5.
7. SETTLEMENT OF DISPUTES
7.1 Amicable Settlement
The Parties shall use their best efforts to settle amicably all disputes arising out of or in connection with this Contract or its interpretation.
7.2 Dispute Settlement
Any dispute between the Parties as to matters arising pursuant to this Contract which cannot be settled amicably within thirty (30) days after receipt by one Party of the other Party's request for such amicable settlement may be submitted by either Party for settlement in accordance with the provisions of the Arbitration Act, 1940 (Act No.X of 1940) and of the Rules made thereunder and any statutory modifications thereto.
Services under the Contract shall, if reasonably possible, continue during the arbitration proceedings and no payment due to or by the Client shall be withheld on account of such proceedings.
III APPENDICES
Appendix A
Description of the Services
Appendix B
Reporting Requirements
Monthly Progress Reports (five copies) are to be submitted by the 7th day of each month indicating:
· Overall progress, problems / bottlenecks.
· Contractor’s resources at site with respect to agreed schedule of progress, improvement proposed.
· Detail of material at site, test results etc.
· Status of payment certificate.
· Completion Report
Appendix C
Breakdown of Contract Price in Local Currency
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