g) If the consultant, in the judgment of the Employer, has engaged in corrupt or fraudulent competing for or in executing the agreement. For the purpose of this clause: “Corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence action of a public official in the selection process or in agreement execution. “Fraudulent Practice” means a misrepresentation of facts in order to influence a selection process execution of a agreement to the detriment of the Borrower, and includes collusive practice among (prior to or after submission of proposals) designed to establish prices at artificial non-competitive to deprive the Borrower of the benefits of free and open competition. 3.7.2 By the Consultants The consultants may, by not less than ten (10) days, written notice to the Employer such notice to be after the occurrence of any of the events specified in paragraphs (a) to (d) of this Clause, terminate this agreement. (a) If the Employer fails to pay any money due to consultants pursuant to this agreement and not subject to dispute pursuant to GC Clause 8 hereof within forty five (45) days after receiving notice from the consultants that such payment is over dues. (b) If the Employer is in material breach of its obligation pursuant to this agreement and remedied the same within forty five (45) days (or such longer period as the consultants may subsequently approved in writing ) following the receipt by the Employer of the consultants specifying such breach. (c) If as the result of Force Majeure, the Consultants are unable to perform a material potion services for a period of not less than sixty (60) days or (d) If the Employer fails to comply with any final decision reached as a result of arbitration pursuant GC clause 8 hereof.
42 3.7.3 Cessation of Rights and Obligations: Upon termination of this Agreement pursuant to GC Clauses 2.2 hereof, or upon expiration of this Agreement pursuant to GC Clause 2.4 hereof, all rights and obligations of Parties hereunder shall cease except. i. Such rights and obligations as may have accrued on the date of termination or expiration. ii. The consultants obligation to permit inspection, Copying and auditing of their accounts record set forth in GC Clause 4.6 hereof. iii. The Consultant’s obligations regarding default in performance of the services in accordance the provision of the agreement and for any loss suffered in accordance the provision of the agreement and for any loss suffered by the Employer, whereof as result such default and iv. Any right which a party may have under the Applicable Law. 3.7.4 Cessation of Services Upon termination of this agreement by notice of either to the other pursuant to GC Clauses 3.7 , hereof, the Consultants shall, immediately upon dispatch or receipt of such notice, take necessary steps to bring the Services to a close in prompt and orderly manner and shall make reasonable effort to keep expenditure for this purpose to a minimum. With respect to document prepared by the
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- Winter '19
- Prof Raghvendra
- Tender Is the Night, consultant, SOLAPUR