at SULTANATE OF OMAN STANDARD DOCUMENTS for BUILDING and CIVIL ENGINEERING WORKS ‘THAD EDITION JULY 1981SHORT DESCRIPTION’ OF WORKS FORM OF TENDER Coote: «The Append fore part of th Tanda. Tenderers ae required fil up all eh Bank space In this Form of Teocer and Appendix). To Gentlanen. 1, Having examined the Insructions to Tenderers, Drawings, Standard Conditions of Contre Speciation and Bl of Quantes forthe execution ofthe above-named Works, wo, te undead, it to execite, complete and maintain the whole ofthe said Weeks in conformity withthe aud Inve. fins, Drawings, Suandard Conditions of Contact, Specifcacn, and Bill of Quantities Schedles of Rate for the sum of Rals Omani. perereceeet ‘i (ROs eave jor sich othe um asimay be wscertaned in accordance withthe sid Conditions 12. Woundertak ifour Tender i socepad wo commence the Works within. aya ofcesip ofthe Engineer's ender to commence, and +o complete and deliver the whole of the Works compéatd ia the Contac within “days clslated fromthe lat day ofthe aforesaid prod in which the Works are t be commenced, |S. our Tender i acceted wo wil obtain the guaranise ofa localyeogitred surance Com Dany of Back (as equied nthe Sultanate of Oman Standart Condivens of Contact fr Bulldog and Gil Engineering Works, Sed Editon) to be jointly and severally bound with usin de eum of 10 par eant St ne Connast Value fo the due performance of the Contract under the tars of «Performance Bond to bw approwed by you. 4 We ayes toabide by this Tender fora psrod of 90 days rom the date fixed for recving th sare adieshall ean Binding Upon us and may be accepted at any ume befor the expiration ofthat period. 5. In the event of our Tender being asepted and until a frmal Agreement i prepared and executed ‘bis Tend topether with your writen aoeptance theo, shall cone a binding obimtion Upon 6 We understand that you ae not bound t accept the lowest or any Tender you may rena 2. Weacknowledge rcep ofthe following cleus ote: Reforonce number oflter paw nd conflem we have taken account thereon our Tender * Delete whore not applicableAPPENDIX TO THE FORM OF TENDER CLAUSE 2, Ruling Language 5 (1) (a) The language in which the Contract Documents have ben dated. 2, Amount of Performance Bond or Guarantee: 10, 150% of the Contact Value [3 Minimum Amount of Tid Party Ieurance : 23 (2) RO. 4, Paid for Cammencement fom Engineers 41 days ‘rer to commence : 5 Tine for completion as - ays, 66. Amount ofPnaltes for Dsay 470) RO. cess por day 7, Period of Mantensnce 249(1)— $65days, 8 Quandities £55 -Esumated Quanties* 56 ‘Actual and Covcet Quan 9. Percentage for Adjusmentof P.C.sums $9 (4) (0) par cont. contained within provisorl sums. 10, Advance Payment 60.(2) 10% of the Contract Value excluding ‘Sums for Contingencies, 11, Recovery of Advance 60 (4) (&) 10% of the Total Intrim Certificate Value upto te amount ofthe Advance. 12, Payment for Materials at Ste {60 (4) (0) 80% of the not valve delivered to site, 13, Minimum Amount of Monthly Inwim —60(4) RO, _ Cetieate 14, Time within whch payment isto be made + 60 (5) (a) 60days fer Corea 15, Percentage of Retontion Nonoy 60(7) 10% of the Gross Interim Certificate, 16, Limit of Retention Money 60(7) —S%oF Contract Value. 17. Payment of Retention Mesey 60 (8) 50% upon isue of the Certifoate of, Completion 60% after he Period of Maintenanee 18, meres for dlay of payment 6019) Peper annum, 19, Cash ow os) Yeuly Cash Fow = «198-—=S 1989819881888 Percentage of (Contract & % Borne % Value Dated this . day of. 198. Siature : z in eapaciy of| ‘Duly authorized tosign Tenders fr and on behalf of (N BLOCK CAPITALS) Adds. Wines, Occupation © (Delete where not appliable)FORM OF AGREEMENT ‘THIS AGREEMENT mate the cence day te eae 884 BETWEEN, Boon (oraina fer called "te Employee") of the one part and, of (Garsnate called “the Contactor" of the othe par. WHEREAS the Employers crus that certain works should be exacted vis and has accepted a Tender by the Contractor 2s sunmariad at Appendi B "Summary of Contact ‘Yalun"” for the execution, exmpltion and maintanance of such Works NOW THIS AGREEMENT WITNESSETH as follows: 1, In this Aggourent words and expressions shall have the sare meanings ax are respectively aigned to them in the Standard Conditions of Contact hereinafter refered 0, 12. The fellowing docamante shal be domed 10 form and be read and construed a part of tis Agomnent vit: - ‘Te sid Tender ‘The Standard Conditions of Contact ‘The Drawings ‘he Speafcaton ‘The Bl of Quantiies * ‘The Schedule of Rate and Prices* The Later ofaceptance |5 In consideration ofthe payment tobe made by the Employer tothe Contactor as hereinafter mentioned the Contractor hereby covenants with the Employer to execute, complete and mainain the Works in eon formic inal respects with the provisions ofthe Contract. 4, The Employer hewby covenants to pay the Contactor in conidemtion of the execution, completion and maintenance ofthe Works the Contract Price at the times and inthe manner presribed by the Contactand a stated the Cashflow contained inthe Appendix to the Tender. * Delete whero not apliable Other addtional documents as required[I WITMESS whacect the prtos hemto have hereunder sot her respective hands and sels on the day and your ist above writen, ‘Signad by duly authorize Sipatery for and on behalf ofthe Goverment of de Sultanate of Onan Wiras. Miniter of Puble Works Wows ‘Signed by duly autodted Siratory for and on behalf ofthe Contractor Wires. Ratified in socordance with the Sultan Decroe No, 48/75 a amended The Dep Pave Mine Under Secretary ‘er Font sonra nis of Finance a Economy Financ fansAPPENDIX "A" TO FORM OF AGREEMENT CONSTITUTION OF COMPANY International Companies ‘The Contractor shall pir (0 the sgnature ofthe Form of Agreement submit notary authen- ticated copies of the original decumentsdefaing the constitution of the Company, powers of lttomey and other relevant document, In the cas of Partnership or Frm these document ball be duly authenticated extracts frm the parmershp deed or other documents, Them documents ‘all ako show by what perons and what manner contact may be entered int and what parsons So directly responsible forthe due execution of such contrite and can give valid recipes toetbor ‘with specimens oftheir gnaturee ‘An overseas power of atcrney of foreign signatory tothe Tander shall hve been endorsed by an spproved Oman! authority (euch as an Embassy) ‘A Contractor intending to undertake the Contract ointy with or in axsociation with another fim ‘or fms tnclading finns or persone acting In an avicry or consultative capacity shall submit 2 [Ratement showing how the contract commlument wil be undertaken and the exact relationship between each ofthe partes. ‘The name and addres ofthe Contractor's agent resident in Oman (i aplisbe). (Omani Companies: ‘The Contractor shall pror tothe signature ofthe Form of Agreement submit det ofthe nature of the company, ie, partnership, Limited lability, jolt venture, Joint stock, topether withthe Commercial repstcation number. These documents shal alo show by what persons and in what fmanner contracts may be entered into and what persons are drcly fesponsbe forthe due ‘execution of such const and ean ive valid receipts tether with spaciens of ther signatures,BILL No. SUMMARY OF CONTRACT VA DESCRIPTION TOTAL CONTRACT VALUE Value ofPaiminares “Value of Measured Works Value of Provisional Sums Valu of Dayworks Value of Contingencies ‘TOTAL CONTRACT VALUE LUE RO. RO. RO. RO Ro. RO. RO. RO. RO. RO. RO. RO. RO. Ro. RO. RO. RO. Ro. RO. Ro. Ro. Ro. Ro. RO.CLAUSE Lay @ o a 2a) @ 5a) @ 6.4) @ 8 @ 10 may @ 6 rs 15, 16. may @ 8 STANDARD CONDITIONS OF CONTRACT TABLE OF CONTENTS DEFINITIONS AND INTERPRETATION Definitions a - Singular and Prat . : ‘Marginal Noes ~ cost ENGINEER AND ENGINEER'S REPRESENTATIVE Duties and Pewers of Engineer uti and Pavers of Egins's Representa ASSIGNMENT AND SUBLETTING Assignment - : Subleting ‘CONTRACT DOCUMENTS Language ane Law Doouments Mutally Explanatory : (Gustody of Drawing and Specification 2 ne copy of rin and Seino 0 eae on Ste Disruption offroyess Delaysand eat of delay of Drawings Further Dravinge snd Instrwctons GENERAL OBLIGATIONS CConteators General Responsible Form of Agrtment Performance Bond or Guarantee Inspection Site Sulfciency of Tender Errors in Computing Tender ‘Asvese Physical Conditions and Arifcal Oterucions Werk tobe tothe Satisfaction of Engineer Detaled Proyramme to be Furnished ‘Contractors Superiatendence Contractors Employees : Setting Out Notice ‘Boreclie and Exploratory Excavation PAGE 13 15 15 15 6 16 16 16 0 ”ceause 19. 20.0) 4) #0) @ co a 6) (6) 2 @ 5, 6.0) STANDARD CONDITIONS Continued ‘Safery and Security Care of orks Responsitity for Reinstateront Excopted Risks Reinstaterent and Compensation fr Damage te Persons or Property Ineurance of Works, ee.» Damage to Persons and Property Indemnity by Employer : ‘Members of Employees staf, te not Personally lable Thied Fary Insurance Minimum dimount of Thed Party Ineurance Provisin 0 Indemnity Employer ‘Accident er Injury to Workmen Insurance aginst Accident, et. to Workmen Noufeatin by Contractor Remedy on Contractor's Faure to inure. ‘Compliance with Laws, Rulet and Regulations Fosse, : Patent Rigts and Royalues Incarfecece with Tralfic and joining Properties Extracedizary Traffic Special Lows Setdement of Exvaordinary Trae Cains Waterbor: Trae . Opportunites for Other Contactos ‘Contractor to Keep Site Clear ‘learanceof Site on Completion LaBour Engagamen of Labour Supply of Vater Aleohalie ‘iquor or Drugs ‘Anne and ammunition Fesals and Religious Customs Epidemics Disorderly Conduct e6, Observance by Sub Contractors Return of Labour, ee MATERIALS AND WORKMANSHIP (Quality of Materials and Warkimanship and Tete (2)(b) ConditionsotParchase of Machinery Matra and Equipment PacecuausE 6. 39, 40, 49, 51 52, os 6) @ 6) wu, a) @ @ @ Q @ a @ @ a @) a @ a @ @ a a) @ Q @) @ @) 6) STANDARD CONDITIONS .Continuad ‘eae of Quality = os Cost of Sampes = : - Cost of Pats S o CCest of Testsnt provide fr, ee ~ Inspection of Operations Bxamination of Work before Covering up Uncovering ax Making Openings : Removal of Inproper Werk and Materials - Detault of Ceatacte in Compliance ‘Suspension of Werk ‘Suspenion Lasting more than 90 dys COMMENCEMENT TIME, PROCEDURES AND DELAYS Commencansnt of Works Posession of Site Wayleaves, Us of Ste Time for Cerpetion Extension of Time for Completion No Night or Fay Work Rae of oes enaltis for Dey Reduction ofPenalues on. 5 Certifiation of Completion of Works Centfation of Completion by Stazes MAINTENANCE AND DEFECTS DDetinition ofParicd of Maintenance Execution of Work of Repair, ec. (Cort of Exection of Work of Repal, ete Remedy on Contractors Falur to carry out work requed Contractor t9 Seach ALTERATIONS, ADDITIONS AND OMISSIONS Vwiatons (Onders for Variations to bein Writing Valuation of Vasations omer of Engineer to Fi Rates ‘Vwiations Beeeding 10 per cont Dayworks laine sessess 3 3 2 3 2 38 3s 35 56 a 37 ”cLausE 58 (1) @ 3 4) 6) ©) a @) @) a0) a) a2) as) aa) S88 58 (1) @ @ 59. (1) @ 6) a 6) o 60. (1) @ @ @ 6 STANDARD CONDITIONS - Continued PLANT, TEMPORARY WORKS AND MATERIALS Plan, et Definitions Vesting of Pant Condition and Hire of Pane (Corts for purposes of Cause 63 Notifcadon of Plant Ownership . Fite and Hire Parchace Payments by Employer Insemovaiity of Plant, ec Revestng and Removal of Plant, Disposal of Pant aiity oF Lessor Inury to Plant Incorpoation of Clause in SubConracts Port Dus . Reexpert of Pant (Css Clearance m “Approvl of Materils, te, not implied ouanrrmies Exuinand Quantities “Actua nd Corrct Quantitis Method of Measurement PROVISIONAL SUMS Definition of “Prisons! Sum" se of Provisional Sums Produetion of Vouchers, et NOMINATED SUBCONTRACTORS efintion of Nominated Sub-Conractors" ‘NomiratedSub-Contactors, Objection to Nomination Dasgn Requltements tobe Exprosty Stated Payments to Nominated Sub-Contractors Centfvaton of Peyments to Naminated Sub-Contrators ‘Resrrnent of Nominated Sub-Contrector's Obligations CERTIFICATES AND PAYMENT Ccertiteate and Payment “Advance Payment Catifeate Monty Statements on : ‘Montaly Cerufestes ‘Mentay Payments PACECLAUSE 60. (6) a eo o (20) a) 2) a3) 6. 62.) @ o 6.) @ eo 65.0) @ o a 6 6 a @) 66. 7. 68. (1) @ ° a STANDARD CONDITIONS -Contlued inal Aecoun' Retention Payment of Ratotion Money Overdue Payment CCorection and Witholding of Coifeates Retention on Sub-Contrastor’s Account Currency of Payment Cash Flow Approval cay by Maintonance Cortifieste Maintenance Certificate on. Cosation of Employer's Liatilty ‘Unfuliled Obligations [REMEDIES AND POWERS Dole of Contractor Valuation at date of Forfelture Payment ater Fefeture Urgint Repairs (Mo Liaity for War, te Risks SPECIAL RISKS ‘Damage to Works, tc, by Special Risks Project, Misia Increased Coats Arising fromm Special Risks. ‘Special Risks neha of War te. Removal of Mant on Termieation Payment if Contract Terminated FRUSTRATION Payment in Event of Frustration SETTLEMENT OF DISPUTES Setlemant of Disputes» Arbitration NOTICES Service of ties on Contractor Service of Nees on Employer Service of Netices on Engineer Change of Acree ») cE eeeg sesesessssss BREReees g a Baas‘CLAUSE 6 7, a m 8 n. 78, 2. [STANDARD CONDITIONS - Continued DEFAULT OF EMPLOYER Detail of plover CHANGES IN COSTS AND LEGISLATION Varationof Pic of Labour and Materials MISCFLLANEOUS Bribery nd Comuption Fire reeationt = etal tobe Confidential Photographs and Advertising Radio Communications» “Aesuisifon of Land for Quarts, Borrow Ps and for use by te Contractor vs ‘Malntonance of ther Services and Stet Spell Dumps Gpertig and Maintenance Instructions AcE 55 56 57 7 7 7 37 7STANDARD CONDITIONS OF CONTRACT DEFINITIONS AND INTERPRETATION Definitions 4 (0) In the Contac, a berinater defined, the following werdeand expr. sons shall have the meanings barby asined to ther, excapt where the ‘context ethers requires (4) “Enpioyee" means the Government of the Sultanate of Cman and the Joal successors in tide 10 the Employer who will amply the CContsctr, The addres of the Employer shall, fer the purpose of ‘the Contract, be deemed tobo . (2) “Contractor” maans the person cr persens, fin ce company whose tender has been accepted by the Employer and includes te Contac: tor'srepresntatives, sccesors and pemitted assigns 1) Name and full address to the Sultanate of Oman (including Company Registration Parculas) (i) Regisersd address of Head Office (it diferent trem bore) (c) “Engineer” means ‘or other person, perons or fim appointed from time to time by the Employer and notified in wating to the Contractor to act 3¢ the Engineer forthe purpose ofthe Contract in pce ofthe aad Engine. (4) Full adétess nthe Sultanate of Oman (including Registration Particulars) (i) Registerad Address of Head Offic (it aittreat trom abore) 84 (a) "Bnpiner's Representative” means any asistant of the Engineer appointed fea tine fo ume by the Employer or the Engine: 1° sere the dutiag set forth in Cluse 2 hereof, whose authority ra be mote In wing to the Contractor by the Engineer a) "Works shall rel both Permanent Works and Temporary Werks {0 "Contract means the Instructions to Tenderers Standard Conditions orcontract, Specification, Drawing, priced Bill of Quant, Schedule er pater sod Prices, if any, Tender, Letter of Acceptance and the Form of Ageement (a) "Contract Value” means the sum named inthe Letter of Acceptance (a) “Contact Price” means the Contract Val, subject to such editions thant or daduclons therefrom as ay be made under the provisions hereinaior cotained 1) “Constveionsl Plant” means all appliancss ct things of whatsoever atu quired in or about the execution, completion or maintenance aire Wants but Joes not include mates r other things intended fo farm or fornng part ofthe Permanent Works 19) “Temporary Works" means all emporary wotks of ery Kind requ sea eee rbout the execution, completion or maintenance of the Woes. ‘ky "Permanent Woeks” means the permanent works to be executed completed and maintained in accordance with the Contract, (1) *Speceaion” means the speciation referred ton the Tender and np modification thereof ox addon thereto a5 may from time to rine be fumished or approved in wring by the Engineer ma) "Drawings" means the dawing refered to inthe Speciation and soy moditicaon of such drawings approted in wring by the Eog 2 retiuch other drawings 3¢ may from time ime be furished eaporoved in writing by the Engine, {o) “Ste” means the land and ctr place ot, under, in or cus danish the Permanent Works or Temporary Works are to be executed marta other lands and places provided by the Employer for working rece or any ater purpose 25 aye specifi degnatd in the Contract forming part ofthe Site {o) "Approve means approved in writing including subsrguent waiten cremation of previous verbal approval and “approval” means Spproral in writing, including as aforesaid. (p) “Letter of Acceptance” means letter mm the Employer (Minty cratered), subjpe to Seltani Dearee No. 48/26azamended, accepting the ial offer of Ue Contractor “4Singur and (2) Words importing the singular enly alo include the plural and vice versa Plural here the context requ, Marginal Nowe (S) The marginal notes in thise Conditions of Contact shal not be deemed to ‘be part thereof or be taken into consideration in the interpretation ce construction ofthe Contact. cost (4) The word cost” shall be deed to include ovethead cuts whether on oF DH the Sie, ENGINEER AND ENGINEER'S REPRESENTATIVE tie and 2 (1) The Engineer shall cay out such duties in issuing decors, cerifctes Powers of sd orders 8 ara specified inthe Contract peowided tat bot the ie of Engineer dere which either increase the Contact Price to an amount rater than the Contract Value or cause further increase in tie Contrat Pace the Engineer shall hve obtained the specific approval of the Employer a3 ‘eauired by Sultani Decrees No. 48 of 19% as emmndad ules soch endo ao sued pursuant to Claus 64 haveaftr Dates and Powers (2) The Engine’ Reprwentative shill be rxponsble to the Enginer and hie of Engineer’ utes are to watch and supervise the Works and t test and examine any Representative ‘materials to be used or workmanship employed in connection with the Works, He shall have no authority to relieve the Contactor of any of his Contract, which Ue Contractor het fae make tach nominated SubContractor and 10 deduct by way of sevoft che “4Asigement of ‘Nominated Sub- Contractor's Obligations Confess and Payments “Advance Payment Contfote armeunt so gad bythe Employ from any suns cr which may become ‘dow fm sh Employer tothe Contractor. Provided always that, whaca che Eopnawe has cord ard the Em. ployer bas paid directa afer the Engine shall in sung wy frtber Certificate in favour of the Contractor deduct frem the amcunt thers the amount eo paid direct as aforesaid, bu shall ot witiold er dlay tho sus of the caruidcate itself whan due to be sued under the terms of the Contract, (6) In the avant of 2 nominated SubContractor, as ersinbefor defined, having undertaken towards the Contrcter in reapectof the wotk exicu: tad, ofthe goods, materials or services supplied by such nominated Sub- Contacte, any continuing obligation extending fora priod exceeding that of the Pared of Maintenance under the Contract, the Contractor shall at aay time, after the expiration of the Period of Maintenance, ‘sign to tho Empoyer, at the Employer's request and cost, the boefi ‘of ch obligation fr the unexpired duration thereof, CERTIFICATES AND PAYMENTS 60. (1) Unless otherwise provided, payments shall be made at monthly interals in sccordance with the conditions st cut below. (2) On signing the Form of Agreement and in exchange forthe Prfermance ‘Bond and # sepurate guarantee forthe amount of the Advance Payment ‘he Contactor shall receive fom the Engineer an Advance Payment CContfcate for an amount equal to 10 par cent ofthe Contract Value less ‘any sum for contingencies inclted in the Contract Value ‘The guarante forthe full amount ofthe Advance Payment shall be ‘from an insurance company or bank registered in the Sultanate of Oman, ‘The conditions of the uarante shall bind the Guarantor to indemnity and pay to the Employer any part of the Adtance Payment which cans thot repaid by the Contractor to the Employer and which the Contactor thas fled to repay in accordance with hs sub-clause ‘Any Advance Payment made by the Employer shall be recovered by the deduction from each inerim certificate of 10 percent of the fentinaed value of the Permanent Works executed during the period t0 ‘which the interim cerufeate apie but so thar atthe completion of the Works the Contractor shall have repaid in fll the amount of the Adwance ‘This quarantes shall be valid for 12 months or uni the full ovary lof theacrance payment whichever is the be. 1, nowever, the advance paymantis recovered ullprior tothe end ofthe 12 month period, the Canractormay make application tothe Under Secreary, Ministry of Finance and Economy, Financial Attar forthe release othe quarantoo, which will nat be unreasonably withhel 4see Inthe event of the Contract being determined under Cause 63 or 65 hereof the Employee may deduct the balance of the Advance Payment wetrnding fram any monies due ot which may become due © the Con- Govier cr the Contactor shall upon demand pay to the Employer he serene of auch balance and it shal be doomed » debt due form the Com- Taser to the Employer and sll be recoverable accordingly frm the Contractor oF from the Guarantor. Monthly (6) The Contactor shall submit 0 the Eginer after the end of sach month Statements ‘Datatement, in the form approved by the Engineer, showing: ~ (a) be emirate value in accordance withthe Contact ofthe Permanent Work executed onthe Site and frming pat ofthe Works; (b) a list of any goods or materials delivered to the Sito for but nat vet Jperporated in whe Permanent Werks and ther value, Such goods motors being protected aplnst all Kinds of damage including deterioration to the appronal of the Engin {e) te enimated amounts 10 which the Contractor coisiders himslf oe dad in connection with all othae matters for which provision is ‘pace under the Contact, cluding any Temporary Werks o« Cons TPuctional Plant for which separate amounts are included in the Bil) ‘of Quantities; unles in the opinion of the Contractor such vilus and amount together tino ustily the tue of an interim cota. “Amounts payable in respect of nominated SubContractors are to be ed separately Monthy (A) Within 28 days of the date of delivery to the Engineer, in accordance with Corticates ibelause (3) of this Clause, of the Contactors menthly statement the ‘Brpncer shal sue an intr certificate to the Employer with a copy t0 the Contractor cern: (a) the amount which in the opinion of the Engineer on the basis of the wreanly statement is due t0 the Contractor on account of sub+ cause (8) (a) and (e) ofthis Clause. {oy such amounts if any) a tho Eginer may consider prope (tia sae exceeding eighty per cent of ther value in accordance with the Contract in respect of) of subclause (3) of this Clause, ‘The amounts so certified shall be subject to deductions of: ~ (0) retention meneyeeained. (i) partial resovery of any advance payment {iy any sums which are dve and payable to the Employer bythe Con tractor uve tha trm ofthe Conse 4“Monthy Payments Final Account Gi) aay previous payments made by the Employer to the Centractor Unt he ee of te Cena ‘The Engine shal only ise an interim certificate ifthe amount torso, after deducting ration money, partial recovery of any adance pperment, any other sume which ae due and payable to the Employee liner the terns of the Contact and previous interim payments is mere than the minimum amount of ineaim eerifieates a nated inthe Appendit tothe Tender (5) (a) Payment upon the Engineer’ Advance Payment Cetfeste and upon ‘ich of the Engine’ intr certfeats ori cate of any objections {3 defined in sub-clause (b) hereafter, upon those pardons approved boy the Employer shall be made by the Employer tothe Contactor within 60 days after such CerBcates have Been deliver the Employer. (0) nthe cat of the Employer objecting to or rejecting to payin total or in part any particular items ofthe carcifcate either? ~ (i) byway of a bonafide defence ee counterclaim, ot (i) because of a requirement in writing for necesary sdditioeal supporting documents ordeal, or (i) where the Contract expresy gives the Employer the right 10 deduct monie fom sume due under the Contract. te Employer will notify the Ergiver, with a copy to the Contactor, Of his objections within sixty days ofthe date ofthe intern cerca (6) As soon as pessible, but not Inter than six months after the ise of the Maintenance Certfente the Contractor shall submit to the Engineer a statement of final acount with supperting documents showing in deta the value of the work done in accordance with the Contract tometer with all further sums which the Centractor considers to be due to him Under the Contract. Within two months after receipt of this inal acount and of all information reasonably required fo is verification the Engineer hal uo a ial certicate stating: = (a) the amount which in hie opinion Is fally due under the Centsct “nd (attr giving ereit to the Employee for ll anounts previously paid by the Employer and forall suns to which the Employer i ‘entitled under the Contact), (6) the balance, if any, due from the Employer to the Contractor oF from the Contactor to the Employer as the ease may be. Such balance shall, subject to Clause 47 herot, be paid to or by the Con tractor ae the ease may require within sty days of ehe Cortifiae aRetention Payment of Retention Money Payment ‘correction and Wihholdirg of| Cortiates Retention on ‘Sub coneetore ‘Aovount (2) The retention to be made pursuant to subcause (4) of th Claus shall Bee Ror equal ¢0 10 percent of the amount due to the Coniraetor wader wees Wa and (0) of rn Clause related to interim gatficates only iy oer shall have accumulated inthe hand ofthe Erployet vP (@ waa ar s%ot the Conuart Vale except that che lit shal be eeduced by he amount of any paymeat that shall have been made pureant (> subolause (8) of this Clase. {@) (a) Upon the ise of the Cerificate of Completion with respect the ceet or the Works ene half of the retension money (or where & Cemificate of Completion is ved with respect to pat of the Works Seti gropervon of one half of the eetntion meney #8 the ‘Fngiver shal) deteine having rogd co the elatve vale of such pan the Werks) shall become due and payable co th Contractor. (a) Upon expiration of the Period of Maintenance fr the whole ofthe iNorks the eter half of the retention money shal become due and payable o the Contractor. ‘Provided that if, at such tie, there shall emai co be executed by the Chnwrastce any oustanding war refered to under Claus 48 oF any oe ordered during such paviod pursuant to Clauses 49 and $0) the eoyer shall be onided to withhold paymet anti! the completion of corks of so much of te second half of the retention money as A the opinion of the Engineer represnt the cot of the works remaining to be execute, (6) Inthe event of fae by th Employer to make parent in aecortiee 1 pablauses (5) (6) and (8) ofthis Cute the Contractor shall become vided to. the payment by the Employer of interest at 7% per annum aaa vedave of which the sana sould have boen made, The Contactor ben not be endiled t claim Intcet on those part ofthe certicate 12 sak the Employer objets in accordance with sub-clause 5(b) herein, Uhlan itcan be shown thatthe Employer's objections were unreasonle (10)The Engineer may by any interim cerfieate make any correction of re iewion in any previous certiiate which shall have been ised BY ‘Monand the Engineer shall ave power ro withhold any interim certificate vers Works of any part thereot ae aot being cared out t hiss ae tion in accordance with the Contac. (1) Te Conuractr shal ppl te terms of retention andelewe a rtenion ees on nominated Svb-Conirecot’s accounts inthe manner st fort atin votone ten by the Engineer under the tnme of Cwse 59. ‘puch intructions wil be sila to thse set out in subelause (7) and (8) sie jause but elated to the terms of the nominated SubContsct Br dace ofthe terms for ths Contec and rlese of retention menies 10 rinsed Sub-Contactor shal not affect in any way the terms forthe aor ot retention monies reletrd 1 in sub-clause (7) and (6) of tit ae 8carceney of Cath Flow Approval only by Maintenance Contiicste sintnance entice Cesation of Employer's ability Untulfed Obligations (12)AD paymants under the terme and conditons of the Conuact wil be ‘rad in Rie Omani the curerey ofthe Sultanate of Oran, (13) Te annual cash Dow wil be stipulated where ascesary by the Employer in the Appendix tothe Form of Tender. Th percetapes per year shows Uheriaebll indicat the mamur linie of annual payment, Actual pay: text ahall be liited tothe planned cashflow based upon value of actual trork done, 2. the payment shal be es if less work is performed, but the CConractor shall not be pald moee in one year than the lime of the cash ‘ow if the value of bis werk done exceeds the funds budgeted for inthe pa end any Balas cared forward from previous years. Any payments Goferrd due tothe operation of the sublause will ot attract interest in tseardance with ub-auso (9) ofthis Cause (61. No catiicate other than the Maintenance Cerificate refered to in Clause {652 hero shal be deemed to centite approval of the Works. (4) The Contact shall not be considered ae comploted until a Maintenanes Certificate shall have been simoi by the Engineer and dalivared to the Employer stating that dhe Works have boon completed and maintained fb his sutton. ‘The Maintenance Covtfcate shall be given by the Engineer within twenty eight days afer the expiration of the Parad of, Maintenance, or if different periods of maintenance shall become appl Cable 10 diferent sections ot parts of the Works, the expiration of the Ist such peried, or a toon Bereafar as any works ordered during ‘sch period, porevant {0 Clauses 49 and 50 hereo, shall have been on pleted to the ststaction ofthe Engineer and ful offct shall be given f this Clause notwithstanding any previous entcy on the Works of the taking posession, working oe wsngthersof or any part threo! By the Employer The second half of retention monoy wil be celewed aftr the dat of isue ofthe Maintenance Cruoat (2) The Employor shall not be liable to the Contractor fr any matter oF ‘hing arising out of or in connection withthe Contract oe the execution of the Works, unlas the Contactor shall have made a claim in writing bn respect therof before the giving ofthe Maintenance Cersieate under the Cle, (5) Notwithstanding the eve of the Maintenance Certificate the Contactor “ubject to subclause (2) of ths Claus, the Employer shall remain linbie forthe fulfilment of any obligation incured unde the provisions rile Contact prior 10 the arse of the Maintonance Certicte whlch Trmaine unperormed atthe tine such Cerucae 15 isued and, forthe Durposes of determining the nature and extot of any such oblitio, ‘ne Contact shall be deemed to remain in force betwoon the partis hereto (4) Whenever the Works pertain to of inlude the construction of any ste ture or buildings the Contractor shall further be held responsible forthe fafeqy of the same fora peled of 10 years spsinst such unsound conea= —_—— nl ‘rcton,oter than dein defects, which may lead to fare he woe ci elapan witout any other apparent cause, For hs PAS ee car the Contract shall be deemed 1 be operative f° seo yr te dat of ue of ie et ater Corie REMEDIES AND POWERS Default of Gs. (1) Hite Contractor Shall Dacre Bankr, o ate a etd eas contractor aa corner thal pan his ptton in uckeape, 8) Meg eit ih or aime i frou of i ceton, ot an erry out the Contac unde commit of DATION ois are ng erpeation, shal go into asian (ter he 2 Sed or nd forte purpoas of araharation FONTS ronan Gert sal sign the Conzoct, witout De omen’ Se oe pte it tained, sal are an encton iat aa oe a he Engin shal ty in wring tthe Emlorer thacin is opinion the Contzar tor | = i {a} has abandoned the Contract, or (e) without resonable exces fled to commence th Wark 6 Pat mepenhed he proses of te Werks fr twenty et dare afer sre tem Une Engineer writen notice C0 proceed OF (e) hs fated to remore mail rom the Site x10 pal down seat for weryeght aye after reciig frm the Foot ree mete tha tho wad atta or work hed been condemned ra rejcted by the Enginaor under these conditions of (a) despite peels warsings by ve Engine, win. nt see esr orks in cordance withthe Contec, oF 8 parte) ing ry nagtng to carry ovt Hs eblitions under the Conea (ep hs, the dient of good eran, or deface of 1 ens intretos tthe contrary, sublet any part of he Conese then tho Employer ray, ater grag fourteen drs’ notioe i wrt tae ontacter, ener spon ve Site and the Works and exe te Coe 1 auto tout hereby voiing the Cost of rend ae jem any of ie obgaons of lables under the Conran, Contac rigs and powers contre on the Employer o 1 are the Contract, and may Nel complete he Works oat Encino oer contractor vo complete tho Works. The Empires ew onrctr may us fr such competion 2 uch Of oe al Pat Heed Pt, Temporary Werks and motel Wi) Consent be ie property of he Emelyetwdrsaned 2 sa tein execution of he Work, unde the provisos ofthe Cone ey hk proper sd the Braye ma, ay Unt 26Valuation at Date of Forfeiture Payment aftor Recfeiture any ofthe sid Conseructional Plant, Temporary Werks and unused mate Fine and apply the proceeds of al in or towards the snstaction of any fms due ce which ray become due to him from the Contrater und th Contact. (2) The Engineer shal, as soon as may be praccabe ater any such entry and expulsion by the Employer, ix and determine expare, ot by ot fer reference to the parte, or after suc investigation or enquies as hha may think ft t9 make or inetiue, ard shall cary whet amount, if any, had atthe time of such enuy and expulsion been reasonably earned by or would reasonably accrue tothe Contactor in respect of work then actally done by him under the Contract andthe value of any ofthe sad tinued or partly used materia, any Constuctional Plant and any Tenpetary Werks. (3) If the Employer shall entec and expel the Contractor under this Clase, hh shall not be lable to puy to the Contractor any meney on account fof the Contact until the explealon of the Period of Maintenance and hreater uni the cotts of execution and maintenance, damages for delay in completion, if any, and all other expanses incued by the Em ployer have been ascertained and he amount thereof certified by the Engineer. The Controctor shsll hen be entitled to, receive only such sum of sums, if any, a8 the Engineer may certify would have been payable to him upon due completion by him afer deducting the said amount. {fauch amount shall exceed the sum which would have been payable to the Contractor on due completion by hin, then the Contractor shall tizon demand, pay to the Employee the amount of such excess it shall Dedeemod a debt due by the Contactor to the Employer and shall be esoverabe accordingly. [Notwithstanding the limitations on the Engines powers as stated in Clause 211) hecoo if by season of anyaceldnt, oF fire, or ther event cocurag to in or m connection with the Works, ot any part thereof, ether during the teecutb of the Works, or during the Period of Maintenance, any eed cr totter work separ shal, inthe opinion of the Engineer or th Engineer Rapresmative, be urgently neces) forthe safety of life or ofthe Works or of adicning property, andthe Contractor i unable or unwiling at once to do Sich work or repai, the Employer may employ and pay other pewoas 9 ‘arc cut such work or reps orto do asthe Enginer cr the Engineer's Ropee. ‘inuaie may consider necessary Ifthe work o repair so done bythe Employer 1S work which, in the opinion of the Engineer, the Contractor was lable to do at Is ovn expense under the Contract, al expanses properly incured by the ployer in so doing shall be recoverable from the Contactor by the Employer, ‘or may be doducted by the Employer from any monis due or which may bcome due to the Contactar. Provided always tht the Engines or the En- neers Representative, asthe case may be, shall, a soon after the occurence Sf any auch emergency at may be reasonably practicable, ntiy the Contractor thereofin writing. stSPECIAL RISKS No iabity fer 65. Notwitsaning enything inthe Contant centained > ar ev. Risks 4 The Contactor sal be ander no aby basco with by War aa oon tbrwse foro a rspct of Gestucon of ama Of der ato work conned under teprovins of Case 39 ee eee te oecuence fey apc ik Parenter enero er traf he Employer ov hr pares © fro nee er elle whch sth conequnce fay spel ok re Si ec The Employer slide an ste ars thw Con | inte di am tame and aps ad om lt lane pee To es at chrper and exerns what arin tree orn cennetion beret nage oWorts (2) If the Werks er ay matron e ea tm want he S00 ce, by Special Tiare property of the Contractor used or intended to be used for the Rokr sete ofthe Werks, shal ssn destruction or damage By ressn of rae te sid special risks the Contractor shall be enided t payment re (a) any permanant wark and for any materi 0 destroyed ot damsged 3a Pe Tar aa maybe roquled by the Enginet, or at ay be nese, 208 ihe competion of the Wars, on the basi of cost pls such Profit a the Engineer may cerify to be reenable {o) replacing or making good any such dexwuction or damage (2 the Werks {ey veracing or making good such materi or oter property Ud oF Intended tobe used foc the purpose of the Works Projectile, (3) Darvon, damage, injury or lots of Ife caused by the explason oF Pare whenever and whreercocusring of any mine, bombs sell arpa other project, male, munition, or explosive of wat, shall be ‘Joomed to be aconsaquence of the sid special risks, ie Sie A meme np a eC a * arising from incidental to the execution of the Works, ‘other than such as may be = ela te yak come wae Se oe eld cer fy ‘ iors fa oe ang o l a ie) way whatsoever connected with the said social ik, svbeee aoe ihe provisions i this Clause ereinefer eontained in read . aero ma, but the Contactor sala soon any sachin of cara come to is knowledge forthwith nouily the Engineer sere? vein. Special Risks (5) The spoil ike are we, hosts (wheter war be decane of 704 aoe ec tof oveign enemies, the nuclear and presurewaves rk 2utbrak of War Removal of Pint ‘on Termination Payment if Contract Terminated esrb in Cause 20(3) hero, o incor ai class co the county in which the Works are being ora to be executed se rsitana, eblin, Involition, insurcection, military of urarped power, cil war, of, unles tolely restricted tothe employee af the Contractor or of his Sub-Contre: ters and ariing from the conduct the Works, ot, commation,erdisorder, (6) it, during the cuceney ofthe Contract, there shall be an outeeak of ar, Whether wa is declared! of not, in any part of the worl! which, whet nancy ¢ othervize, material affects te execution ofthe Works the Contractor shal unlas and unt he Contract is terminated under the pro ‘sions of thi Cavs, continue t we his best endeavour to complete the ‘xecution of Works. Provided always thatthe Employer shal be ened at Any time alter such outbreak of war to terminate the Contract by giving ‘rtten notice to the Contrster and, upon sveh noice being gen, this Contract shal, xcept asco the cghs ofthe paris under this Cause and to the operation of Claus 87 hereof, tesminae, tut without prejudice to the rights of either party i eespect of any antecadent breach thereof, (2) i he Contract shal be terminate under the provisions ofthe last pve: ding subclause, the Contactor shal, with all reasonable despatch, remove from the Site all Construcional Plant and shall give sma flit to Bs SubContractor te dos, (8) I the Contract shall ba terminated as aforesid, the Contractor shal be aid by the Employer, igofar ar sich arunts or items shall not have Already been covered by payments en account made tothe Contractor, for Ll work executed prior to the dite of termination atthe rate and prices ‘rouded In the Contact and in ailition: = (a) The amounts payable in reapect of any preliminary tame 20 fa asthe work or sevice comprised therein has been cared out or pafermed, nda proper proportion acrid by the Eaginer of any such tens, the work or sence comprid in which bus been paral earid cut cor performed, () The cost of materials or goods reasonably ordered forthe Works which shall have bwen delierd to the Contactor or of which the Contactor slp labo to acon dlivery, such material or goods becoming the property of the Employer upon such payments being made by hie, (e) Asum to ba certd by the Engineer, bong the amount of any expen ditue reasonably incured by the Contractor in Uw expectation of Completing the whole of the Works, and for which the Employer shall hove derived benefit, insofar as such expenditure shall not have been covered bythe payments inti subclause before mentioned. (4) Any ediioal sum payable under the provision of eublause (1), (2) and (4) ofthis Causea aa Payment in Event of Frncation Setdement of Disputes ‘rbization Provided alway'that against any payments due from the Emaloyer under this sub-clause, the Employes shall be entitled to be credited with hy cuttanding blaces dhe fren the Contacte for advances and a8 ‘ther sums which ac the date of teeminaion were recoverable by the Enployer from the Contractor under the terms of the Contract FRUSTRATION (66. Ifa war, or other circumstances outside the control of both pares, ares after the Contract made so that ether party prevented from fulfling his fontroctul obligation, or under the Law ofthe Sultanate of Oman, te partes fae roessd from further performance, then the sum payable by ee Employer te the Contactor in expect of the work executed shall be the same as that tthlch woukd have Been payable under Clause 65 hereof ifthe Contract hid been turminated under te prorkins of Clause 65 hereof SETTLEMENT OF DISPUTES 67. If any dispute of difference of any kind whatsoever shal arise between the EEnployer ana the Contractor or the Engineer and the Contractor in connec: tin with, oraring out of the Contract, othe execution of the Works, whether ‘rig the progres ofthe Works or after their completion and whether before afte the temmination, abandoment or breach ofthe Contract, it shall be refer alto ad sted by the Engineer who aba, within a period of riety daysafter Ting cequested by either party todo, give wetton notice of hisdecsion tothe Enployer and the Contractor. Such decision in respect of every matter 20 refer. td shal be final and binding upon the Employer andthe Contracter, an shall {thwith be given effect toby the Employer and bythe Contractor, wi shall pro ‘ged with execution ofthe Works with all due dilgence whether he or the Ei ‘loyee require abivaon, as hereinafter provided, or not. Ifthe Engineer has ven written notice of his decision to the Employer and the Contractor and no Gaim to arbiurtion has been communicated to him by either the Employer oF fhe Convactor witia a period of ninety days from receipt of such notice, the ‘nid decfon shall remain final and binding upon the Employer and the Cor tractor If the Engineer ball il to ge notie of his cision, a aforesald, within ‘sperod of ninety daysaftr be ng requested asaforesai, orf either the Employer the Contractor be diated with any such decision, then and in any such ose Chor the Employer or the Contractor may within ninety days ale receiving otice of such decision, or within ninety days aftr the expiration ofthe fst ‘Tamed period of ninety days er the cate may’ be, oqure thatthe matter ormatters Ih depute be refered fo ebivation a berenafer provided. All aisputesor dif ences in expect of which the decision i any, of the Engineer has not become {nal and binding as aforsid shall be ceferrd toan arbitrator to be agreed upo® by the paris or fing such agrearent 10 be nominated, onthe application of dither party, bythe Chaiman of the Committee fr theSatilement of Commercial Siaputes of the Sultanate of Oman, who shall appoint a profesional arbitrate, hove award shal be considered as fnal ad binding between the pars. Thesaid Upbltratr shall have full power to open up, revise and review any’ decision, opi tion, diretion, certificate or valuation of the Engineer. Nether party shall be Imited in the proceedings before auch arbtster to the evidence or argumentsData cabe Confident) Photogaphs and ‘Adverising Radio Communications Acquistion of and fr Quarces Borrow Pis and Ter se by che Contractor Maingenance of othe Services tnd Stnctures 1% % %, mA ‘The Conirator shall wove the details of che Conuact 25 prtate and sont lentil (sow in 30 fa a8 may be ecesat Tor Ch purposes herst) and shall tnt publish or daclove the sime or any parucuas tersor without the pre (rout consant in writing ofthe Employer. [fay dpute ars as to he nace Ubity of any publication er disclosure fr the purpse ofthis Contact the same Shull bs role to the devinon of the Engineer whose award shall be final. ‘he Conusctor shall nt publish any ghotogaphs of the Works nor alow the Site of the Works to be used for any form of advertising whatsoever without the pie approval in writing ofthe Employer 1 during te period of the Contract the Contractor wishes ro etablsh ead ‘comminicaions about the Site the Employer will asist the Contactor 10 ‘biain permit forthe operation of such ado communication, ‘The Employer wil, where posible, asst the Conracor inthe procurement of Iand for quar, borrow pits and urs for use by the Contractor. The Con trocor shal be responsible for che damarcstion snd eablshmen of arts be spproprted at aforesaid in locaton: to be approved by the Engine and wpon Completion of the Works shall be cesponsible forthe eanstatent of test rea in the manner diracted by the Enginer. The Contractor shall be respon Sole forthe payment of any foes, dues or other costs in connection with oe incidental tothe ute of such and, ‘The Contactor shall ascertain the lecuon ofall watercourses, sewer, di 4g pipes, water pipes, eletieity and telecommunication cables, other services ind sractores which may be encountered daring the constuction of the Works tnd not montioned in the Contact He shall temporary support or divert and Ibvequendyceinsate al such service: and svuctures as necessary and tothe ‘stfaction ofthe Engines {As soun as any such sence or structure encountered on, ove, under, in or through the Site during the perermarce of te Conus, the Contractor shall make record of the loeation and description of such sevice or structure ard Shall syd the ame forth tothe Engineer Where permanent diversion or suppor of such service or sruture i cendered inecesuty 95 the unavoidable ceult of the construction ofthe Works in accor ance with the Contact, th Engineer after consulta on wih the Employer wil insiract the Contractor a: {0 the divation or support tobe prowded and the ‘Contractor shall be paid the coats hereof in accordance with Cause 82 ‘The Contactor shall not deposit excatated matron land in Coveroment or privat ownarsip except where directed by the Eagineer ar the Engineer's Representative io wating or By leave in writing of the authority responile for such ind in Government ownership oof the owner or responsible represen {auve of the owner of such land in private ownership and ony then in chest plaoeand under such conditions as the authority, wnt or responsible repre feta may prescribe EaOperating ond Maintenance Isovedons 179, Bofeee the Works (or any Section thereof) are completed in accordance with Claus 48 hereof, the Contacior shall furizh to he Employee Operating snd TMaineaance Instructions, togethe with deawing (other than shop desing) ‘ts works at complete, tn auliient dealin the epinion of the Engiger ccemble Be Employer to maintain, diznand, reassemble end adjust all par Sr te Weeks, The Operang and Malntenance Instructions shall comply with the Specifealon in aspect of matorial to be incerperated and shal be fst ‘Rbmlted in draft for the approval of the Engineer. The Works shall not be eeallred to be completed for the purposes of Cause 48 hereof until such ‘Bred Inevuctions and Drawings have betn supplied tothe Employer. The croiter of copies of Operating and Maintenance Irstveions to be supplied is ‘ron fn the Specification. Unless otherwise specified, the Intrctions shal be vein in both Arable and English———<——— ee FORM OF TENDER DOME se Chairman «787 te of Oman ‘Tender Bord No, bond we. dees i. arantee Mess at your diposal the sum of .O. be . ofthe Tender Valu from « aint. = 2 +8 ot period of ninety onde day, ‘id shall be fe of interest and payable i cath on your fist written damand in the event of the tr elther withdrawing his Tender within» peiod of ninety (90) calendar days from the date ‘cet of Tenders ot failing to provide a Performance Bond within eweaty eight (28) calendar ‘aceplance of the Tener whichever date sarler without any reference oor contestation on of the Contractor ced should be returned tous upon its expiry oF upon fulfiment of our undertaking whichever Authorized Sonatas (Tobe isued by a ecaly reistered bank) 9FORM OF ADVANCE PAYMENT BOND Mii of ince and Eeonamy P.0,0«506, ‘Sutanate oF Oman ‘advance Payment Bons No. (ersinater called te Whereas Contractor) hasbeen awarded a Contact dated for constuction completion and maintenance of or thevalue of RO. . (als Omssi Janda ‘consideration of your snaking ar vance payment of RO to the Contractor ing ‘ofthe Corset Valu, by this bond, whose alaress. “puantoe to pay you sum not exceeding RO sn your fe writen demand witout ference oo onion on bea of he Conch nisundeeed tht ouraliy tomards you wile proesivl reduced by te amu! repaid so you by the Conzactor as cota in ee Cartes and Farman apis ie sald advance payment ‘This bond wil be effective from are ane hall bo valid una aan rerun he amount ose adeance paren ful rsorere, which ele shin bond should be raved (0 us upon i xpi oF upon fullment of our undertaking whiceer tthe alin Authorized Sinatoies (Po be isved by a ocally registered tank)“finance and Economy 508, ofoman Performance Bond No, ease ee are (arvinahor 1 Contractor) has ben awarded a contract dated Tor construction completion ananceot : : a "for the value of RO. an} - zi vend wo. Airedis. cece eeeeees ees pio vera bound unto the Government ofthe Sanat oman represented bythe Mins of France mony. Muscat io te sumo” ‘being seo act va, and without rt under thisbond on your fst writen dem We agree to make unconditional payer led the claim i received by us on oF rene or contestation on behalf of the Contactor prov and shall bo valid flab hal automaticaly cea ‘the Guarantee wil be effective from . a after which date ou sis curate should beta tow un 9 exper upon fmt of undertaking veri the earlier. utheried Sonacories (ro be tsuedby oles opstered bak)[NOTE TO THE CONTRACTOR Whaat the Performance Bead is an "On Fist Written Demand” Dons, che Employer may, but not ound to adhere to the following procedure Ifthe Employer considers hat the Conwactor sin default ct the due performance of his duties under the Contact, hen the Employer will give fourteen days written node to the Conuacter of ths ocurrnce dutng which time the Contactor shal ct sich pecformance tothe salfaction 3 the Engine in the opinion ofthe Ensiner such performance i ot rected the Engineer shall inform the Em ‘loyer aecordingly in writing. ature of the “On First Wetton ‘The aforementioned shall not in any manner whatsoever, alter Demand" Bond. 62