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APPENDIX -IV PREMILIMINARY AGREEMENT “PRELIMINARY AGREEMENT” entered into on this ………….day of……………2018 (Two Thousand and eighteen) between Wildlife Warden, Silent Valley Division for and on behalf of the Governor of Kerala (hereinafter called “the Government”) of the one part and Sri……………… ……………………………………………………………………………………………………… (here enter full name and address of the contractor) hereinafter called “the contractor” of the other part of the execution of the agreement as well as for the execution of work ……………….. ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… AND WHEREAS para 13 of the Notice Inviting Tenders stated as follows:- Before commencing work or with a week after the date when the acceptance of the tender has been intimated to him, the tenderer shall deposit a sum sufficient to take up the balance of 5 percent of the probable value of contract which together with the amount of earnest money deposited shall be treated as security for the proper fulfillment of the same and shall execute an agreement for the work in the P.W.Shedule Form. If he fails to do this or in the case of P.W. contract maintain a specified rate of progress (to be specified in each case in the tender scheduled), the earnest money and security deposit shall be forfeited to Government fresh tenders shall called for or the matter otherwise disposed off. If as a result of such measures due to the default of the tenderer to pay the requisite deposit, sign contracts of take possession of the work any less to Government results the same will be recovered from him as arrears of revenue, but should it be a saving to Government sum that may be due to the contractor on this or any other subsisting contractors or under the revenue recovery Act, or otherwise the Government may decide. NOW THEREFORE THESE PRESENTS WITNESS AND IT IS MUTUALLY AGREES AS FOLLOWS:- 1. The terms and conditions for the said contract having been stipulated on the said tender form to which the contractor has agreed a copy of which is there to appended which form part of this agreement it is agreed that the terms and conditions stipulated which they are abrogated or altered by express terms and conditions herein agreed to and in which the respect the express provisions herein shall supersede those of the said tender form. 2. The contractor hereby agrees and undertake to perform and fulfil all the operations and obligations connected with execution of the said contract work viz. ………………… ………………………………………………………. awarded in favour of the contractor. 3. If the contractor does not come forward to execute the original agreement after the said work is awarded and selection notice issued in his favour of commits breach of any of the conditions of the contract as stipulated in clause 13 of the notice inviting tender as quoted above within the period stipulated then the Government may rearrange the work otherwise of get it done departmentally at the risk and cost of the contractor and less so sustained by Government can be realized from the contractor under the Revenue Recovery Act as if arrears of land revenue as assessed, quantified and fixed by an adjudicating authority consisting of the Secretary (Public Works) Chief Engineer (Arbitration) and Chief Engineer (Administration) or any other officer or officers authorized by Government in this behalf, taking into consideration the prevailing public works Department rates and after giving due notice to the contractor. The decisions taken by such authority, officer or officers shall be final and conclusive and shall be binding on the contractor. 4. The contractor further agrees that any account found due the Government under or by virtue of this agreement shall be recoverable from the contractor from his E.M.D. and his propertied movable and immovable, as arrears of land revenue under the p

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